


































































» 
























STATE OF WASHINGTON 

Department of Education 
OLYMPIA 

1923 

Code of Public Instruction 

ANNOTATED 



PUBLISHED BY THE AUTHORITY 

OF 

MRS. JOSEPHINE CORLISS PRESTON 

State Superintendent of Public 
Instruction 


PRINTED AND FOR SALE BY 
FRANK M. LAMBORN 
OLYMPIA 

PRICE, including Postage, $1.25 













y 






* 




I 









’N 










\ 





STATE OF WASHINGTON 

n 



1923 

Code of Public Instruction 

ANNOTATED 


CONTAINING 


Statutes in force to and including the Session Laws of 1923 

WITH ANNOTATIONS TO 

Decisions of the Federal Courts 

Decisions of the Supreme Court of the Territory and State 
to and including Volume 123, Washington Reports, 
and Volume 26, Washington Decisions 

Published Opinions of the Attorney General to and includ¬ 
ing Opinions of 1921-22 

Letters of the Attorney General to State Officers, Depart¬ 
ments and Boards and to Prosecuting Attorneys, to 
and including October 15, 1923 

Official Rulings of the Superintendent of Public Instruction 
AND APPENDIX OF 

Rules and Regulations of the State Board of Education 

Rules relating to Bond Transcripts 

Blank Forms for the Guidance of School Officers 


PUBLISHED BY AUTHORITY 

JOSEPHINE CORLISS PRESTON 

Superintendent of Public Instruction 






UB*' 5 *' 

' Vi ' % 


le. 

e»n 


library of congress 

MAY 2 1939 

division of DOCUMENTS 






■? 



TABLE OF CONTENTS 


f£U> 



(NUMBERS REFER TO SECTIONS OF THE CODE) 

SCHOOL CALENDAR 
EXPLANATION OF ABBREVIATIONS 

STATE CONSTITUTION—EXTRACTS RELATING TO PUBLIC SCHOOLS 
STATUTES AND ANNOTATIONS 

Part I.—State system of public instruction Section 

Establishment and scope. 1 

Officers 

In general 

Designation and eligibility. 2-3 

Superintendent of public instruction 

Eligibility, election and term. 4 

Compensation . 5 

Powers and duties. 6 

Assistants and deputy..,.. 7 

Committees . 8-11 

State board of education 

Appointment, term and vacancies. 12-13 

Officers, organization and meetings. 14-16 

Compensation . 16 

Powers and duties. 17-18 

Seal . 19 

Functions and regulation 

Physical education . 20-24 

Restriction of vivisection and dissection. 25-27 

Safety and fire protection. 28-32 


Part II.—Higher and special institutions 
Higher institutions 
In general 
Officers 

Joint board of higher curricula. 

Support . 

Functions and regulation 

Division of functions. 

Entrance requirements . 

Sale of liquor prohibited near. 

Carnegie fund . 

University of Washington 

Designation . 

Officers 

Board of regents 

Appointment and term... 

Organization, meetings and officers. 

Powers and duties..*....-.... 

Regulation 

Sale of liquor near, prohibited. 

Religious or sectarian control prohibited. 

Games of chance near, prohibited. 

Support 

Permanent fund ... 

Current fund .. 

Building fund . 

Fees . 

Reimbursement of state general fund. 

Disbursements . 

Exchange of lands for forest experiment station. 

Functions 

Aim and purpose. 

Scope of courses and admission. 

Museum . 

Marine biological preserve. 

State College of Washington 

Establishment, purpose and admission. 

Officers 

Board of regents 

Appointment, term and membership.. 

Visitors ..... 

Organization, by-laws, meetings and officers. 

Expenses; pecuniary interest. 

Support 

Control and disbursement of funds. 

Annual report. 

Building construction. 

Current fund. 

Fees . 

Scientific school fund. 

Morrill Act moneys. 

Experiment station—federal aid. 

Extension work—federal aid. 

Custody and expenditure of funds. 


1 3 r 


33 

34-40 

41-49 

50 

51-52 

53 


54 


55 

56-58 

59-63 


64-65 

66 

67-69 

70 

71 
72-74 
76-81 
82-83 

84 

85 

86 
87 

88-91 

92-94 


95 


96-97 

98 

99-103 

104-105 

106-107 

108 

109-110 

111-112 

113-116 

117-119 

120 

121-126 

127 

128-129 























































4 


Table of Contents 


STATUTES AND ANNOTATIONS—Continued 
Part II.—Higher and special institutions 
Higher institutions 

State College of Washington 
Functions 

Courses, instruction and degrees.130-132 

Irrigation and experiment station. 133 

Establishment of substation.134-135 

Bonds to the United States for safe keeping of military- 

equipment . 136 

Bureau of farm development.137-141 


State Normal Schools—In general 
Establishment 
Officers 

Boards of trustees 

Appointment, terms, officers and meetings 

Powers and duties. 

Pecuniary interests forbidden. 

Regulations 

Granting of certificates and diplomas. 

Admission . 

Duties of principals. 

Maintenance of model school. 

Support 

Normal school fund. 

Fees . 

Functions 

Courses of study and diplomas. 

Extension work. 


143-146 

147-149 

150 

151 

152 

153 
154-157 

158-159 

160-161 

162-163 

164 


Centralia Normal School 

Establishment and purpose—Site.165-166 

Officers—Board of trustees. 167 

Regulations—Opening . 168 

Bellingham Normal School 

Right of way over lands... 169 

State Training School 
General acts 

Establishment and purpose.170-171 

Commitment and discharge.172-178 

Accounts and disbursements... . . . 179 

Officers and assistants.180-185 

Separation of sexes. 186 

Branches and instruction. 187 

Report . 188 

Chapter of 1909 code of public instruction 

Name and purpose.189-190 

Commitment . 191 

Management . 192 

Instruction . 193 


State School for girls 

Name and location.194-195 

Officers .196-199 

Regulations 

Commitment and parole.199-203 

Functions 

Instruction . 204 

Wages and apprenticing. 205 

Transfer of girls from training school. 206 

State School for the Blind and State School for the Deaf 

Establishment of separate schools. 207 

Officers 

Board of control.207-208 

Regulations 

Tuition . 210 

Term and admission.•..211-212 

Qualifications of superintendent. 209 

Report of defectives by school officers.213-214 

Enforcement of attendance. 215 

Transportation . 216 

Penalty . 217 

State custodial school 

Establishment, location and designation.218-220 

Officers . 221 

Regulations 

Admission, tuition and expenses.222-229 

Report of defectives by school officers.230-232 

Compulsory attendance.233-234 

Expenses and transportation.235-236 

Period of detention.237-238 

Penalties .239-240 

Functions 

Instruction .241-242 



























































Table of Contents 


5 


STATUTES AND ANNOTATIONS—Continued 
Part III.—General Common School System 

Organization, government, regulation and functions 
The state 

Organization Section 

Definition . 243 

Regulations 

Length of sessions.244-246 

Courses of study—Scope and enforcement.247-249 

High Schools 

Classification of districts.250-260 

Courses of study.261-262 

Extension examinations. 263-265 

Vocational education 

Administration .266-272 

Part-time schools and classes.273-285 

Teachers 

Eligibility .286-288 

Qualification and certification. 289-306 

Revocation of certificates.307-309 

Employment and compensation.210-312 

Powers, duties and rights—Penalties.312-321 

Retirement fund.322-350 

Pupils 

General regulations governing.351-352 

Compulsory attendance 

General act.353-364 

Examination and graduation.365-368 

Attendance at free government schools.369-373 

Admission of minors to immoral places prohibited 374 

Child labor laws.375-378 

Juvenile court act.379-397 

Holidays and special observances.397-401 

Textbooks .402-409 

Appeals .410-417 

Religion . 418 

Health and safety.419-420 

Penalties .421-427 

The county 

Organization . 428 

Officers 

County superintendent of schools 

Election, qualification and term.429-433 

Office and supplies.*.434-435 

Expenses and compensation. 435-438 

Powers and duties 

To make reports—Penalty. 439 

Enumeration—In general . 440 

To require reports. 441 

To approve building plans. 442 

To hold institutes. % .443-452 

May establish circulating library.453-458 

County board of education 

Appointment, term, qualification and compensa¬ 
tion .459-460 

Powers and duties. 461 

The school district 

Designation, scope, corporate character, size and bound¬ 
aries .462-466 

Formation .467-473 

Alteration 

By petition .474-476 

By extension of city boundaries.477-480 

Combination 

By consolidation .481-489 

By formation of union high school districts.490-500 

By formation of joint districts.501-513 

By disorganization and annexation.,. 514 

Officers 

Directors 

Election, eligibility and term 

Elections in general.515-520 

Regular annual school elections.521-527 

Special meetings .528-530 

Elections in class A counties and counties of 

the first class.531-542 

In counties other than class A counties and 
counties of the first class, in a port district 
containing a school district of the first 

class .543-547 

Voting machines .548-549 

Contesting of elections.550-562 

Recall elections .563-578 

Qualification of officers. 579 

Vacancies . 580 

Filing of signatures. 581 




























































6 


Table of Contents 


STATUTES AND ANNOTATIONS—Continued 
Part III.—General Common School System 

Organization, government, regulation and functions 
The school district 
Officers 

Directors 


Powers and duties Section 

General enumeration . 582 

To make by-laws. 583 

To have no pecuniary interests. 584 

To deliver records to successors. 585 

District clerk 

Powers and duties.586-587 

Compensation . 588 

Attorney 

Prosecuting attorney to serve.589-590 

Regulation 

Contracts, debts and liabilities—Actions 

Liability for debts and judgments. 591 

Garnishment . 592-593 

Exemptions from certain liabilities. 594 

Actions by and against.595-597 

Satisfaction of judgments.598-599 

Appeals . 600 

Assessment for improvements.601-604 

Property 

Custody . 605 

School sites 

Purchase—Preference rights .606-607 

Condemnation of land.608-623 

Statutory bonds .624-627 

Flag display .628-629 

Tuition and attendance arrangements. 630 

Transportation 

Motor vehicle licenses—Exemption. 631 

Minor operators . 632 

Functions 

Kindergartens .633-636 

Community use of school property.637-640 

Libraries .641-644 

Classified organization, regulation and functions 
Districts of the first class 

Definition . 645 

Officers 

Board of directors 

Election, term and qualification.646-648 

Organization, officers and meetings.649-655 

Disbursements . 656 

Vacancies .657-658 

Auditing of accounts. 659 

Advertisement for bids. 660 

Powers and duties 

General enumeration . 661 

To take census. 662 

To sell property. 663 

To levy taxes.664-665 

To maintain insurance fund.666-668 

To furnish free milk to pupils. 669 

To maintain parental schools.670-680 

Regulations 

Local teachers’ retirement funds.681-706 

Elections .707-719 

Districts of the second class 

Definition . 720 

Officers 

Board of directors 

Election, term, vacancies and qualifica¬ 
tion .J21-724 

Organization and meetings.725-726 

Powers and duties 

To buy books and apparatus. 727 

To purchase sites. 729 

To levy taxes. 728 

To elect teachers and superintendent 

or principal .:.730-731 

Regulations 

Minimum term . 732 

Districts of the third class 

Definition . 733 






















































Table of Contents 


7 


STATUTES AND ANNOTATIONS—Continued 
Part III.—General Common School System 

Organization, government, regulation and functions 
The school district 

Classified organization, regulation and functions 
Districts of the third class 
Officers 

Board of directors Section 

Election, term, vacancies and qualifica¬ 
tion .734-737 

Organization and meetings.738-739 

Powers and duties 

To buy books and apparatus. 740 

To elect superintendent, or principal, 

and teachers .741-744 

To levy taxes. 745 

To purchase sites and erect buildings 746 

Regulations 

Approval of building plans. 747 

Financial support &nd control 
State revenues 

Permanent school fund 

Source and permanent character.748-749 

Investment .750-759 

Current school fund 

Source .760-762 

Apportionment . 763-775 

Count revenues 

County school fund 

Source .776-777 

Apportionment . 778 

District revenues 

School district fund 

Source . 779 

limitations on taxation and expenditure 

Indebtedness not to be contracted in excess of 

income . 780 

Tax levies to be based upon assessed valuation. .. .781-784 
Limitation of indebtedness in terms of assessed 

valuation .785-788 

, Validation of indebtedness.789-797 


Bonds 

Special provisions governing school bonds.798-812 

General serial bond law.. 813-818 

Registration .819-821 

Accounts and disbursements 

Budget control in districts of the first class.822-832 

Accounts 

Separate accounts to be kept. 833 

Examination and regulation 

State examination .834-840 

Uniformity of system and reports.841-844 

Disbursements 

Auditing .845-855 

Custody and payment 

Duties of county treasurer. 856 

Interest rate on warrants.857-859 

Part IV.—Designation and intent of code of public instruction.860-861 


RULES AND REGULATIONS OF THE STATE BOARD OF EDUCA¬ 
TION .Appendix A 

RULES AND REGULATIONS OF THE STATE DEPARTMENT OF 

HEALTH .Appendix B 

RULES RELATING TO SCHOOL DISTRICT BOND TRANSCRIPTS. .. .Appendix C 

BLANK FORMS .Appendix D 

TABLE OF CROSS-REFERENCES 
INDEX 

































SCHOOL CALENDAR 


Each school officer should go tlirough tills calendar and check the dates on 
which duties of his office must be performed. 

(Numbers refer to sections of the code.) 

Section 

January 1—New Year’s Day—Legal school holiday. 321 

January 1—County superintendent and directors of first and second 
class districts to submit records of employment permits to state 

superintendent . 277 

January 1—Superintendent of public instruction to furnish copy of 

work permit records to department of labor and industries. ... 277 
January 7—Final date for report of county treasurer to district sec¬ 
retaries and clerks .subd. 5, 856 

January 16—Temperance and Good Citizenship Day. 397 

January 20—County treasurer to certify to auditor and superintendent 

the amount of funds subject to apportionment..subd. 2, 856 

January 20—Superintendent of public instruction to apportion current 

school funds . 763 

January, First Monday—Terms of directors begin in counties other than 
class A and first class counties in port districts containing a 
school district of the first class (at the time of compilation of 
this code affects only Grays Harbor, Snohomish and Whatcom 

counties and part of Clarke county). 544 

January, First Monday—Terms of directors in districts of the first class 

commence . 648 

January, First Monday—Board of regents of state college to make finan¬ 
cial report . 99 

January, Second Monday—Meeting of trustees of state retirement fund 327 
January, Second Monday—Meeting of trustees of local retirement funds 685 
January, Third Monday—State retirement fund annuities credited or 

paid . 340 

January, Third Monday—Local retirement fund annuities credited or 

paid . 698 

January, Third Thursday and the Friday Following—State grammar 

school examinations . 365 

January, First Friday—Regular meeting of directors of districts of the 

second class . 726 

January—First meeting of directors of first class districts (at a, time 
fixed by district by-laws)—Election of president and vice-presi¬ 
dent . 648 

January—Forty-five days before the second Tuesday in March—Last 
date for directors in class A and first class counties to certify 
to the election board a list of offices to be filled and propositions 

to be submitted at the annual election. 539 

January—Regular monthly meeting of directors of districts of the first 

class (at a time fixed by district by-laws)—Election of secretary 648 
January—Ten days after meeting of county board of education—County 
superintendent to report names of pupils passing eighth grade 

examination . 368 

January—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks 773 

February 22—Legal school holiday . 321 

February, First Friday—Regular meeting of directors of districts of 

the second class. 726 

February, First Saturday—Regular meeting of directors of districts of 

the third class . 739 






















School Calendar 


9 


February—Thirty days prior to the second Tuesday in March—Closing 


date for nominations of district officers in class A counties and 

counties of the first class. 538 

February—Thirty days prior to-the second Tuesday in March—Final 
date for notice by election board of elections in class A and 

first class counties. 540 

February—Twenty days prior to the first Saturday in March—Last date 
for filing of petition for change of date of election of district of 

the second or third class. 521 

February—Twenty-five days prior to the second Tuesday in March— 

Last date for clerks of districts in Class A and first class coun¬ 
ties to certify nominations to election board. 538 

February—Ten days prior to the first Saturday in March—Final date 
for clerk of second or third class district to post notices of an¬ 
nual election . 522 

March 20—County treasurer to certify to auditor and superintendent 

th,e amount of funds subject to apportionment.subd. 2, 856 

March 20—Superintendent of public instruction to apportion current 

school funds . 763 

March 31—County superintendent to turn over to county treasurer pro¬ 
ceeds of sale of registers and clerks' record books and to make 

report to state superintendent.subd. 19, 440 

March, Second Tuesday—8 a. m. to 8 p. m.—Annual elections of school 

districts in class A counties and counties of the first class. 532 

March, First Thursday and the Friday and Saturday next following— 

Teachers’ examination . 303 

March, First Friday—Regular meeting of directors of districts of the 

second class . 726 

March, First Saturday—Annual election of school directors, unless date 
is changed by petition to one of the first seven days of March 

other than Saturday . 521 

March, First Saturday—Regular annual election of districts of the third 

class . 735 

March, First Saturday—Regular annual election of districts of the sec¬ 
ond class . 722 

March—At time of annual school election—End of terms of chairmen 

of districts added to union high school districts. 495 

March—At time of annual school election—Newly formed consolidated 

district elects entire new board. 484 

March, Second Saturday—Directors of districts of the first class to pre¬ 
pare preliminary budget . 823 

Publication of notice of adoption. 825 

March—Ten days after the first Saturday—New directors to take oath 

of office in districts of the third class. 737 

March—Ten days after the first Saturday—New directors to take oath 

of office in districts of the second class. 724 

March—Two weeks immediately preceding the Wednesday following 
the first Monday in April—Directors of districts of the first class 
to provide copies of preliminary budgets for taxpayers. 825 


March—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks. 773 
March—Fourth Monday following the first Saturday in March—2 p.m. 

—Directors of districts of the second class to meet and elect 


chairman and clerk—Terms of office begin. 725 

March—Fourth Monday following the first Saturday in March—2 p.m. 

—Directors of districts of the third class to meet and elect chair¬ 
man and clerk—Terms of office begin. 738 

March—Within three days following the close of the teachers’ ex¬ 
aminations—County superintendent forwards) papers and re¬ 
ports to state superintendent . 304 





























School Calendar 


10 


Section 

April 1—County superintendent and directors of first and second class 
districts to submit records of employment permits to state super¬ 


intendent . 277 

April 1—Meeting of textbook commission in districts of the first divi¬ 
sion (only in years when textbooks are to be adopted). 404 

April 1—Superintendent of public instruction to furnish copy of work 

permit records to department of labor and industries. 277 

April 20—County treasurer to certify to auditor and superintendent 

the amount of funds subject to apportionment.subd. 2, 856 

April 20—Superintendent of public instruction to apportion current 

school funds . 763 

April 30—Directors to make deductions from salaries of members of 

the state retirement fund. 332 

April 30—Directors to make deductions from salaries of members of 

local retirement funds . 690 

April, Second Monday—Meeting of trustees of state retirement fund.. 327 
April, Second Monday—Meeting of trustees of local retirement funds. . 6 85 
April, Third Monday—State retirement fund annuities credited or paid 340 
April, Third Monday—Local retirement fund annuities credited or paid 698 
April—Wednesday next following the first Monday—Meeting of direc¬ 
tors of districts of the first class for adopting budget. 826 

April, First Friday—Regular meeting of directors of districts of the 

second class—Selection of teachers for new school year begins. . 726 
April—Ten days after the fourth Monday following the annual school 
election—District clerk to notify county superintendent of names 

of chairman and clerk of the board. 586 

April—Ten days prior to date of regular election—Clerk to give notice 

of school election of district of the second or third class. 522 


April—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks. . 773 
May 1—School census—Clerk or secretary to take. . . .subd. 13, 587, 662 
May 1—(1924 only)—Last day for voluntary application for mem¬ 
bership in state retirement fund.•»>.329, 330 

May 5—Dues to be paid by members of state retirement fund for whom 

salary deductions are not made. 332 

May 5—Members of local retirement fund not under salary from 

district to pay dues . 690 

May 10—Secretary or clerk of district to draw warrant in favor of state 

treasurer for state retirement fund dues. 332 

May 10—Members of state retirement fund not under salary from dis¬ 
trict to present receipts for dues to secretary of the fund. 333 

May 10—Members of local retirement fund not under salary from dis¬ 
trict to present receipts for dues to secretary of the fund. 691 

May 10—Secretary of first class district to draw warrant in favor of 

local retirement fund. 690 

May 20—County treasurer to certify to auditor and superintendent the 

amount of funds subject to apportionment.subd. 2 , 856 

May 20—Superintendent of public instruction to apportion current 

school funds . 763 

May 30—Memorial Day—Legal school holiday. 321 

May, Third Thursday and the Friday following—State grammar school 

examinations . 365 

May, First Friday—Regular meeting of directors of districts of the 

second class . 726 

May, First Saturday—Regular meeting of directors of districts of 

the third class . 739 

May—Ten days after meeting of county board of education—County 
superintendent to report names of pupils passing eighth grade 

examination . 368 

May—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks. 773 



























School Calendar 


11 


Section 

May—School usually closes last of this month. The clerk should 
check supplies and make inventory. Directors should see that 
the teacher’s register and report are received by the clerk and 
approved by the county superintendent before last salary war¬ 
rant is drawn . 317 

June 1—End of term of school department of state custodial school. 240 
June—Ten days prior to 30th day of June—County superintendent to 
give notice of property adjustment in cases of extension of 

city limits ... 478 

June 20—County treasurer to certify to auditor and superintendent 

the amount of funds subject to apportionment.subd. 2, 856 

June 20—Superintendent of public instruction to apportion current 

school funds . 763 

June 30—School year ends . 245 

June 30—End of fiscal year of school districts. 837 

June 30—Fiscal year of state retirement fund ends. 334 

June 30—Fiscal year of local retirement fund ends. 692 

June 30—Lapse of appropriations of first class districts. 830 

June 30—Final date of clerk’s certificate of attendance of non-resident 

pupils to the clerk of the resident district. 767 

June 30—Principals and heads of private schools to report attendance 

to district clerks . 768 

June 30—County superintendent to turn over to county treasurer pro¬ 
ceeds of sale of registers and clerks’ record books and to make 

report to state superintendent.subd. 19, 440 

June 30—Territory added to city district by extension of limits of an 

incorporated city becomes annexed for school purposes. 477 

June, First Monday—Beginning of terms of district officers in class 

A counties and counties of the first class. 534 

June, Third Tuesday—Annual meeting of state board of education. ... 16 

Jupe, Second Wednesday—End of term of state school for the blind 

and state school for the deaf. 209 

June, Third Thursday and the Friday following—State grammar 

school examinations . 365 

June, First Friday—Regular meeting of directors of districts of the 

second class . 726 

June—Ten days after meeting of county board of education—County 
superintendent to report names of pupils passing eighth grade 

examination . 368 

June—Within ten days after receiving certificate of state apportionment 
—County superintendent to apportion state and county funds and 

certify result to county treasurer and district clerks. 773 

July 1—Beginning of fiscal year of school districts. 837 

July 1—Fiscal year of state retirement fund begins. 334 

July 1—Fiscal year of local retirement funds begins. 692 

July 1—rCounty superintendent and directors of first and second class 
districts to submit records of employment permits to state super¬ 
intendent . 277 

Jui> 1—State board of education to certify list of high school districts 

to county superintendent . 252 

July 1—Superintendent of public instruction to furnish copy of work 

permit records to department of labor and industries. 277 

July 1—Meeting of textbook commission in districts of the first divi¬ 
sion— (Only in years when textbooks are to be adopted)...... 404 

July 1—Final date of advertisement by county board for proposals 
to furnish textbooks—(Only in years when textbooks are to be 

adopted) . 406 

July 4—Legal school holiday. 321 

July 15—(On or before)—Clerk to make annual report to county 

superintendent ., . .subd. 4, 587 

July 15—Clerks of high school districts certify cost of educating non¬ 
resident high school pupils .*.. 254 



































12 


School Calendar 


Section 

July 15—Secretaries of districts of the first class to report census to 

county superintendent . 662 

July 15—Final date for annual report of county auditor to county super¬ 
intendent of schools . 855 

July 15—Final date for report of county treasurer to county superin¬ 
tendent and county auditor .subd. 3, 856 

July 20—Appropriations accounts of districts of the first class closed 830 
July 20—County treasurer to certify to auditor and superintendent the 

amount of funds subject to apportionment.subd. 2, 856 

July 20—Superintendent of public instruction to apportion current 

school funds. 763 

July 30—Final date for filing of annual reports of taxing districts and 
educational intsitutions with the division of municipal corpora¬ 
tions . 842 

July, Second Monday—County auditor to notify county superintendent 

to file estimates for county budget.L. '23, p. 523, sec. 1 

July, Second Monday—Meeting of trustees of state retirement fund. . . . 327 
July, Second Monday—State treasurer to make report to state retire¬ 
ment fund trustees . 334 

July, Second Monday—State retirement fund trustees to make estimate 335 
July, Second Monday—Meeting of trustees of local retirement fund. . . . 685 
July, Second Monday—County treasurer to make report to trustees of 

local retirement fund. 692 

July, Second Monday—Trustees of local retirement funds to make an¬ 
nual estimate. 693 

July, Third Monday—State retirement fund annuities credited or paid 340 
July, Third Monday—Local retirement fund annuities credited or paid 698 
July, Third Monday—Secretary of trustees of local retirement fund to 

certify amount of deficiencies to district directors. 706 

July, First Friday—Regular meeting of directors of districts of the 

second class . 726 

July—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks. . 773 
August 1—County superintendent to make annual report. .subd. 11, 440 
August 15—County superintendent to certify high school district claims 

to commissioners . 255 

August 15—County superintendent to call attention of district officers 

to provisions of compulsory attendance act. 361 

August, First Thursday and the Friday and Saturday next following— 

Teachers’ examinations. 303 

August, First Friday—Regular meeting of directors of districts of 

the second class—Preparation of annual budget .726, 729 

August, First Saturday—County superintendent to transmit to clerk 

certificate that reports have been made. 588 

August, First Saturday—Regular meeting of directors of districts of 

the third class—Annual budget to be prepared.739, 745 

August—At the time of regular meeting of county commissioners— 

County superintendent to report defective youths. 232 

August—Within three days following the close of the teachers’ exam- 
ingations—County superintendent forwards papers and reports 

to state superintendent. 304 

September 1—Final date for submitting budgets of third class districts 

to the county superintendent . 745 

September 1—County superintendent certifies list of high school and 

non-high school districts to county officers. 253 

September 1—County superintendent to certify high school district 

claims to county treasurer. 256 

September 1—Beginning of term of school department of state cus¬ 
todial school . 240 

September 1—(1925, 1927)—Increased requirements for second grade 

elementary certificates become effective.subd. 3, 301 





























School Calendar 


13 


September 1—(1927 only)—Credits of 90% cease to entitle holder to 

exemption from further examination. 305 

September 2—County superintendent to prepare budgets for second 

and third class districts in default.729, 745 

September 30—County superintendent to turn over to county treasurer 
ceeds of sale of registers and clerks’ record books and to make 

report to state superintendent.subd. 19, 440 

September, First Monday—Labor Day—Legal school holiday. 321 

September, First Monday—Normal school trustees to estimate number 

of pupils required for model school. 155 

September, Last Monday—Levy of state school tax to be certified to 

county auditor by state equalization committee. 761 

September, First Tuesday—Budget for county superintendent’s office 
to be submitted by the auditor to the county commission¬ 
ers .L. ’23, p. 526, sec. 3 


September, Second Wednesday—Beginning of annual term of state 

school for the blind and state school for the deaf. 209 

September, First Friday—Regular meeting of directors of districts 

of the second class . 726 

September—Beginning of school term—District clerk or secretary to 

provide teacher with copy of last school census. 358 

October 1—County superintendent and directors of first and second 
class districts to submit records of employment permits to state 

superintendent . 277 

October 1—Superintendent of public instruction to furnish copies of 

work permit records to department of labor and industries. ... 277 

October 1—Biennial report of trustees of normal schools. 149 

October 20—County treasurer to certify to auditor and superintendent 

the amount of funds subject to apportionment.subd. 2, 856 

October 20—Superintendent of public instruction to apportion current 

school funds . 763 

October 31—Directors to make deductions from salaries of members of 

local retirement funds . 690 


October 31—Final date for filing of school census certificate by county 

superintendent . 777 

October, First Monday—Revision of final budget of districts of the 
first class—Copy to be forwarded to division of municipal cor¬ 
porations—Budget to be certified to the county commissioners. . 827 
October, First Monday—County commissioners to meet for hearing 

on county superintendent’s budget.L. ’23, p. 526, sec. 4 

October, Second Monday—Meeting of trustees of state retirement 

fund . 327 

October, Second Monday—Beginning of terms of local retirement 

fund trustees . 685 


October, Second Monday—Meeting of trustees of local retirement 

fund . 685 

October, Third Monday—State retirement fund annuities credited 

or paid . 340 

October, Third Monday—Local retirement fund annuities credited 

or paid . 698 

October, First Friday—Regular meeting of directors of districts of 

the second class. 726 

October, Saturday following First Monday—Final date for levy of 

county school tax . 776 






























14 


School Calendar 


Section 

October—Twenty days preceding the Tuesday following the first Mon¬ 
day in November quadrennially, beginning with 1922—Final date 
for filing of evidence of eligibility of candidates for county 

superintendent . 433 

October—Within five days after First Monday—County commission¬ 
ers to adopt budget for county superintendent’s office and make 

tax levy .L. '23, p. 526, sec. 4 

October—Within ten days after receiving certificate of state apportion¬ 
ment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks 77 3 
November 5—Members of local retirement funds not under salary 

from district to pay dues. 690 

November 10—Members of local retirement funds not under salary 

from district to present receipts for dues to secretary of the fund 691 
November 10—Secretary of first class district to draw warrant in favor 

of local retirement fund . 690 

November 11—Victory and Admission Day—Program of exercises. ... 399 
November 30—Salary deductions to be made for state retirement fund 332 
November, First Tuesday after the first Monday quadrennially at time 
of presidential election—Election of superintendent of public 

instruction . 4 

November, Tuesday following the first Monday, quadrennially, beginning 

with 1922—Election of county superintendent.431, 531 

November, First Thursday and the Friday and Saturday next follow¬ 
ing—Teachers’ examinations . 303 

November, First Friday-—Regular meeting of directors of districts of 

the second class. 726 

November, First Saturday—Regular meeting of directors of districts 

of the third class . 739 

November—Five days after the first Tuesday—Final date for canvass¬ 
ing returns of regular elections of districts of the first class. ... 712 
November—Thanksgiving Day (as proclaimed by the governor) and the 

day following—Legal school holidays. 321 

November—Twenty days before the first Tuesday in December—Final 
date for posting notices of regular elections of districts of the 

first class . 707 

November—Within three days following the close of the teachers’ exam¬ 
inations—County superintendent forwards papers and reports to 

state superintendent . 304 

December 5—Dues to be paid by members of state retirement fund 

for whom salary deductions are not made. 332 

December 10—Members of state retirement fund unemployed by a 
district or on leave of absence to present receipts for dues to sec¬ 
retary of the fund. 333 

December 10—Secretary or clerk of district to draw warrant in favor 

of state treasurer for state retirement fund dues. 332 

December 20—County treasurer to certify to auditor and superinten¬ 
dent the amount of funds subject to apportionment. . . .subd. 2, 856 
December 20—Superintendent of public instruction to apportion cur¬ 
rent school funds . 763 

December 25—Christmas Day—Legal school holiday. 321 

December 31--County superintendent to turn over to county treasurer 
proceeds of sale of registers and clerks’ record books and to 

make report to state superintendent.subd. 19, 440 

December, First Monday (quadrennially)—Beginning of term of county 

superintendent .429, 431 

December, First Tuesday—Secretary of first class districts to deliver 

registration books to election officials. 719 

December, First Tuesday—8 a.m. to 8 p.m.—Regular annual election 

in districts of the first class.707, 708 

December, First Friday—Regular meeting of directors of districts of 

the second class . 726 



























School Calendar 


15 


Section. 

December, First Saturday—8 a.m. to 8 p.m.—Elections in counties other 
than class A and first class counties in port districts containing 
a school district of the first class (applicable at the time of com¬ 
pilation of this code only in Grays Harbor, Snohomish and What¬ 
com counties and part of Clarke county).543, 547 

December—At time of annual school election—End of term of chair¬ 
men of districts added to union high school districts. 495 

December—At time of annual school election—Newly formed consoli¬ 
dated district elects entire new board. 484 

December—Ten days after the first Tuesday—Directors of first class 

districts to take oath of office. 648 

December—Within ten days after receiving certificate of state appor¬ 
tionment—County superintendent to apportion state and county 
funds and certify result to county treasurer and district clerks. 773 



















INTRODUCTION 


This is the first general compilation of school laws issued by the superin¬ 
tendent of public instruction since 1917. Since then the legislature has made 
many amendments and additions to the school code and has made many repeals. 
Consequently it is necessary to issue this new code. 

The arrangement of this edition embodies several new features. Prior 
editions have set forth in a body the recodification of the code of public instruc¬ 
tion enacted by the legislature of 1909, and have published the other statutes 
relating to schools, including those enacted since 1909, as supplementary laws. 
These statutes now form such a large part of the school law that to continue 
the former arrangement would, in many cases, separate related subjects. We 
are therefore undertaking to make a complete rearrangement of all the laws 
relating to the public schools that will, so far as possible, bring related subjects 
together. To that end the statutes are grouped herein with reference to the 
functions of the public school system. The plan of arrangement appears in the 
table of contents. 

In many cases, however, it has been impossible or impracticable to bring 
related statutes together. This difficulty has been met by putting under each 
section cross-references to related sections in other parts of the code. 

Following the cross-references under each section are annotations to de¬ 
cisions and rulings in the following order: 

1. Decisions of federal courts bearing upon statutes of this state. 

2. Decisions of the state supreme court. Every case on school law pub¬ 
lished in the reports of the court since the organization of the territory will 
bo found digested in an appropriate place in this code. Material changes in the 
statutes upon which a particular decision was based are indicated by notes. 

3. Published opinions of the attorney general. Every opinion relating to 
school law has been examined, together with the statutes upon which it was 
based, to determine whether it sets forth the law now in force. Obsolete 
opinions have been omitted and duplications eliminated. Some doubtful opinions 
have not been included. We have attempted to include a note on every pub¬ 
lished opinion having present usefulness. 

4. Letters of the attorney general to state officers, boards and depart¬ 
ments, and to prosecuting attorneys. The files of letters written since the enact¬ 
ment of the school code of 1909 have been examined. Obsolete rulings have 
been omitted, and selected letters have been digested for inclusion in this pub¬ 
lication. 

5. Official rulings of the superintendent of public instruction, rendered to 
county superintendents, in response to written requests, and to other persons 
upon appeal from decisions of county superintendents. They are included in 
the school code for the first time. The law requires their publication from 
time to time and this seems the most appropriate place to publish them. They 
are given express statutory authority by section 6, subdivision 14, making it 
the power and duty of the superintendent of public instruction: 

“To decide all points of law which may be submitted to him in writing by any 
county superintendent, or that may be submitted to him by other persons, upon appeal 
from the decision of any county superintendent; and he shall publish his rulings and 
decisions from time to time for the information of school officers and teachers; and 
his decision shall be final unless set aside by a court of competent jurisdiction.” 

They are given additional authority by the doctrine of executive construc¬ 
tion laid down by the state supreme court in numerous cases. In the case of 
Regan v. School District No. 25, 44 Wash. 523, the court said: 

“While the construction by the superintendent of public instruction of a statute 
having to do with the subject-matter thereof is not conclusive upon the court, such 
interpretation, especially when long observed, will not be ignored or lightly regarded.” 

We trust that the extensive annotations in this code will make for greater 
uniformity of administration of the school laws throughout the state. 

The table of cross-references preceding the index is another feature new 
to the school code. This table is intended to be helpful to county superin- 



Introduction 


17 


tendents and school directors in finding the way from previous codes into the 
present publication. Under each section of the 1917 code is a reference to the 
volume of the session laws containing the original act. To find the same sec¬ 
tion in this code it is only necessary to look for the same session law reference 
in the cross-reference table. 

Believing that the usefulness of the code can be no greater than the scope 
of its index, we have greatly enlarged the index and have supplemented it with 
a table of contents for the entire code and for each chapter. Decisions and 
rulings are indexed for the first time. 

The school calendar has been enlarged. References have been added to 
show the section which requires the performance of a particular official duty 
at a specified time. 

A note at the end of each section of the code indicates where it is to be 
found in the session laws as published by the secretary of state, and in Rem¬ 
ington’s Compiled Statutes and Pierce’s Code, which have been specified as 
official codes by an act passed in 1923. The rearrangement of laws in this code 
will, of course, make it necessary to refer to the arrangement in those publica¬ 
tions where a question of arrangement is involved in interpretation of a 
statute. The original arrangement can usually be determined in this code by 
the notes at the ends of the sections and by the cross-reference table preceding 
the index. 

This code replaces the 1917 code of public instruction and the digest of 
rulings and opinions issued by this office in 1916. School officers should file 
these publications and discard the various publications of school laws enacted 
since 1917. The notes to the code, since they are indexed with the sections, can 
be used more conveniently than the rulings of the attorney general and the 
superintendent of public instruction as published in the last three biennial 
reports of this office. The code should be used in connection with the directors’ 
handbook, which it does not replace except in so far as the law set forth in 
the handbook has been amended or repealed. 

Doubtless a new recodification will be undertaken by the legislature before 
many years and the arrangement used in this code is submitted in the hope 
that it may prove helpful to future code commissions. 

To make this compilation of the school law complete, we are including 
extracts from the state constitution relating to public schools, with annotations 
to related decisions of the state supreme court and references to related sections 
of this code. 

Acknowledgements are made to Attorney General John Dunbar and his 
staff of assistants, to W. J. Millard, state law librarian; J. M. Hitt, state 
librarian, and to John T. Condon of the University of Washington law school. 
The compilation was made in the office of the superintendent of public instruc¬ 
tion by Robert Norton, of the Seattle bar, who has been associated with this 
department for the past six years in its legal work. He has had the assistance 
of Mrs. Addie Dickinson, formerly deputy superintendent, who had charge of 
the certification department for several years; Mrs. W. U. Neeley of the state 
board of examiners, and Mrs. Maud H. Tamblin, director of publications of 
the state department of education. 

Time spent in careful perusal of the law is time employed most profitably. 
Especially is this true with regard to laws governing the expenditure of funds. 

The state superintendent answers questions on school law from county 
superintendents. District officers and school patrons desiring information on 
school laws should communicate with the county superintendents rather than 
with the superintendent of public instruction. The prosecuting attorney is con¬ 
stituted by law the legal adviser of the county superintendent and district 
officers. 


Superintendent of Public Instruction. 




EXPLANATION OF ABBREVIATIONS, TERMS AND SYMBOLS 


ante—preceding, 
art.—article. 

Atty. Gen.—Unpublished letter of the attorney general to a state officer, depart¬ 
ment or board or to a prosecuting attorney. 

Atty. Gen. Ops.—Published opinion of the attorney general, with reference to 
the years covered, 
ch. or chap.—chapter. 

Code Pub. Ins.—1923 Code of Public Instruction—this volume. 

Const."—Constitution of the State of Washington. 
et al. —and others. 
et seq. —and following. 
ex rel. —on the relation of. 

Fed.—Volume of Federal Reporter. 

Id. —same. 
infra —herein. 

L.—Laws; for example, “L. ’09, p. 163, sec. 2.” means that the section may be 
found at page 163 of the Session Laws of 1909, as published by the secretary 
of state, 
p. —page, 
par.—paragraph. 

P. C.—Pierce’s Code. 
post —following. 

R. C. S. or Rem. Comp. Stat.—Remington’s Compiled Statutes of Washington, 
1922. 

subd.—Subdivision of a section. 

Supt. Pub. Instr.—Superintendent of public instruction. Refers to an official 
ruling rendered, upon written request, to a county superintendent or other 
person on appeal from the decision of a county superintendent. 

U. S.—Reports of the Supreme Court of the United States preceded by the 
number of the volume and followed by the number of the page. 
v. —against. 

Wash.—Reports of the state supreme court, preceded by the number of the 
volume and followed by the number of the page. For example, 51 Wash. 
498, refers to a decision of the state supreme court published in Vol. 51, 
Washington Reports, beginning at page 498. 

Wash. Dec.—Washington Decisions. Refers to a decision of the state supreme 
court in the advance sheets of the reports. 

Wash. Ter.—Washington Territorial Reports. Refers to a decision of the terri¬ 
torial supreme court published in the territorial reports. 


EXTRACTS FROM STATE CONSTITUTION 


ARTICLE I—DECLARATION OF RIGHTS 
Religious liberty 

Sec. 11. Absolute freedom of conscience in all matters of religious senti¬ 
ment, belief and worship, shall be guaranteed to every individual, and no one 
shall be molested or disturbed in person or property on account of religion; 
but the liberty of conscience hereby secured shall not be so construed as to 
excuse acts of licentiousness or justify practices inconsistent with the peace 
and safety of the state. No public money or property shall be appropriated for 
or applied to any religious worship, exercise or instruction, or the support of 
any religious establishment; Provided, however, That this article shall not be 
so construed as to forbid the employment by the state of a chaplain for the 
state penitentiary, and for such of the state reformatories as in the discretion of 
the legislature may seem justified. No religious qualifications shall be required 
for any public office or employment, nor shall any person be incompetent as a 
witness or juror, in consequence of his opinion on matters of religion, nor be 
questioned in any court of justice touching his religious belief to affect the 
weight of his testimony. 

Note : This section constitutes the fourth amendment. 

Cross-references: Public schools to be free from sectarian control or influence : 
art. 9, sec. 4, post; art. 26, par. 4, post; state college to be non-sectarian, sec. 95 ; 
university to be free from religious control, sec. 66 ; schools to be free from sectarian 
influence, sec. 418; schoolroom may be used for religious meetings, sec. 582, subd. 10; 
religious services in parental schools, sec. 673. 

1. The giving of credits for Bible study done outside of school, furnishing an 
outline of study, conducting examinations, and the rating of papers, covering the 
■“historical, biographical, narrative and literary features of the Bible,” violates Const., 
art. 1, sec. 11: State ex rel. Dearie v. Frazier, 102 Wash. 369. 

ARTICLE II—LEGISLATIVE DEPARTMENT 

Private laws forbidden in certain cases 

Sec. 28. The legislature is prohibited from enacting any private or special 
laws in the following cases: 

1. For changing the names of persons, or constituting one person the heir 
at law of another. 

2. For laying out, opening or altering highways, except in cases of state 
roads extending into more than one county, and military roads to aid in the 
construction of which lands shall have been or may be granted by congress. 

3. For authorizing persons to keep ferries wholly within this state. 

4. For authorizing the sale or mortgage of real or personal property of 
minors, or others under disability. 

5. For assessment or collection of taxes, or for extending the time of 
collection thereof. 

6. For granting corporate powers or privileges. 

7. For authorizing the apportionment of any part of the school fund. 

8. For incorporating any town or village or to amend the charter thereof. 

9. From giving effect to invalid deeds, wills or other instruments. 

10. Releasing or extinguishing in whole or in part, the indebtedness, 
liability or other obligation, of any person, or corporation to this state, or to 
any municipal corporation therein. 

11. Declaring any person of age or authorizing any minor to sell, lease, or 
encumber his or her property. 

12. Legalizing except as against the state, the unauthorized or invalid act 
of any officer. 

13. Regulating the rates of interest on money. 

14. Remitting fines, penalties or forfeitures. 


20 


Extracts From State Constitution 


15. Providing for the management of common schools. 

16. Authorizing the adoption of children. 

17. For limitation of civil or criminal action. 

18. Changing county lines, locating or changing county seats: Provided , 
This shall not be construed to apply to the creation of new counties. 

Cross-reference: Apportionment of school fund, secs. 763 et seq. 

1. The act of the legislature providing for school districts in cities of ten 
thousand or more inhabitants is not unconstitutional on the ground that it affords a 
different and better system of education to such cities which amounts to special 
legislation: Holmes & Bull Furn. Co. v. Hedges, 13 Wash. 696, 707. 

2. Sec. 594, providing that no action shall be maintained against school districts 
relating to specified matters is not open to the objection of being class legislation, 
since it covers all school districts in the state: Swanson v. School District No. 15, 
109 Wash. 652. 


ARTICLE III—THE EXECUTIVE 

Executive department consists of whom 

Section 1. The executive department shall consist of a governor, lieutenant 
governor, secretary of state, treasurer, auditor, attorney general, superintendent 
of public instruction, and a commissioner of public lands, who shall be severally 
chosen by the qualified electors of the state at the same time and place of voting 
as for the members of the legislature. 

1. A member of the state board of education is an executive officer of the state 
and art. 3, sec. 1, of the constitution does not limit the executive officers of the state 
to the officers therein mentioned: State v. Womack, 4 Wash. 19. 

2. A member of the board of regents of the agricultural college is not an execu¬ 
tive officer of the state within the meaning of this section : State ex rel. Stearns v. 
Smith, 6 Wash. 496. 

Other officers—-Tenure of office 

Sec. 3. The lieutenant governor, secretary of state, treasurer, auditor, at¬ 
torney general, superintendent of public instruction, and commissioner of 
public lands, shall hold their offices for four years, respectively, and until their 
successors are elected and qualified. 

Cross-references: Election of superintendent of public instruction, sec. 4 ; powers 
and duties of superintendent of public instruction, sec. 6 ; powers and duties of state 
board of education, sec. 17. 

Duties of superintendent of public instruction—Salary 

Sec. 22. The superintendent of public instruction shall have supervision 
over all matters pertaining to public schools, and shall perform such specific 
duties as may be prescribed by law. He shall receive an annual salary of 
twenty-five hundred dollars, which may be increased by law, but shall never 
exceed four thousand dollars per annum. 

Cross-references: Salary of state superintendent fixed at $3,000, sec. 5 ; powers 
and duties of state .superintendent, sec. 6. 

Certain offices to be kept at capital 

Sec. 24. The governor, secretary of state, treasurer, auditor, superintendent 
of public instruction, commissioner of public lands and attorney general shall 
severally keep the public records, books and papers relating to their respective 
offices, at the seat of government, at which place also the governor, secretary of 
state, treasurer and auditor shall reside. 


ARTICLE VI—ELECTIONS AND ELECTIVE RIGHTS 
Qualifications of electors—Equal suffrage 

Section 1. All persons of the age of twenty-one years or over, possessing 
the following qualifications, shall be entitled to a vote at all elections: They 
shall be citizens of the United States; they shall have lived in the state one 
year, and in the county ninety days, and in the city, town, ward, or precinct 
thirty days immediately preceding the election at which they offer to vote; 
they shall be able to read and speak the English language: Provided, That 



Extracts From State Constitution 


21 


Indians not taxed shall never be allowed the elective franchise: And further 
provided, That this amendment shall not affect the rights of franchise of any 
person who is now a qualified elector of this state. The legislative authority 
shall enact laws defining the manner of ascertaining the qualifications of voters 
as to their ability to read and speak the English language, and providing for 
punishment of persons voting or registering in violation of the provision of 
this section. There shall be no denial of the elective franchise at any election 
on account of sex. 

Note : This section constitutes the fifth amendment and supersedes sec. 1 as 
amended by the second amendment, and sec. 2 of this article. 

Cross-references: Qualifications of voters at school elections; general, sec. 525 ; 
in districts of the first class, sec. 710. 

1. Women are authorized to hold the office of county superintendent of schools in 
this state: Russell v. Guptill, 13 Wash. 360. 

2. Electors who can read the English language sufficiently to read the names of 
the different candidates and mark them without extrinsic aid are qualified electors, 
although they are unable to read English fluently or understandingly: Hill v. Howell, 
70 Wash. 603. 

Tn school elections 

Sec. 2. The legislature may provide that there shall be no denial of the 
elective franchise at any school election on account of sex. 

Note : This section is superseded by the preceding section which constitutes the 
5th amendment. Ch. 18, Laws ’09. 

Cross-reference: Women may vote at school elections, sec. 525. 

First election of officers; subsequent elections 

Sec. 8. The first election of county and district officers not otherwise 
provided for in this constitution shall be on the Tuesday next after the first 
Monday in November, 1890, and thereafter all elections for such officers shall 
be held biennially on the Tuesday next succeeding the first Monday in Novem¬ 
ber. The first election of all state officers not otherwise provided for in this 
constitution, after the election held for the adoption of this constitution, shall 
be on the Tuesday next after the first Monday in November, 1892, and the 
elections for such state officers shall be held in every fourth year thereafter on 
the Tuesday succeeding the first Monday in November. 

Cross-references: Election of state superintendent of public instruction, sec. 4 ; 
election of county superintendent, sec. 429 ; election of directors of school districts, 
generally, sec. 521 ; in districts of the first class, secs. 647 and 707 ; districts of the 
second class, sec. 722 ; districts of the third class, sec. 735 ; districts in class A counties 
and counties of the first class, sec. 532 ; districts in counties other than class A or 
first class in a port district containing a school district of the first class, sec. 543. 

ARTICLE VII—REVENUE AND TAXATION 
Uniform and equal rates of taxation—Exemptions 

Sec. 2. The legislature shall provide by law a uniform and equal rate of 
assessment and taxation on all property in the state, according to its value in 
money, and shall prescribe such regulations by general law as shall secure a 
just valuation for taxation of all property, so that every person and corporation 
shall pay a tax in proportion to the value of his, her, or its property: Provided, 
That a deduction of debts from credits may be authorized: Provided further, 
That the property of the United States and of the state, counties, school districts 
and other municipal corporations, and such other property as the legislature 
may by general laws provide, shall be exempt from taxation: And provided 
further , That the legislature shall have power, by appropriate legislation, to 
exempt personal property to the amount of three hundred ($300.00) dollars for 
each head of a family liable to assessment and taxation under the provisions 
of the laws of this state of which the individual is the actual bona fide owner. 

Note : The last proviso of this section constitutes the 3rd amendment, adopted 
1900. See ch. 74, Laws ’99. 

1. A school district is a municipal corporation within the purview of the state 
constitution : Maxon v. School District, 5 Wash. 142 ; State ex rel. School District v. 
Grimes, 7 Wash. 270, 272. 

2. The provision of this section exempting school property from taxation does 
not prohibit a special assessment against the district to the extent of benefits from a 
local improvement: In re Howard Avenue North, 44 Wash. 62, 66. 



99 


Extracts From State Constitution 


3. The limitation of Const., art. 8, sec. 6, of “five per cent of the value of the 
taxable property therein to be ascertained by the last assessment,” does not mean 
five per cent of the assessed valuation, where the taxing officers assessed the property 
at fifty per cent of its value, as authorized by statute, but means its actual value, or 
twice the assessed value as determined by the officers in arriving at the valuation for 
purposes of assessment: Hansen v. Hoquiam, 95 Wash. 132, 135. But see the follow¬ 
ing note; also sec. 785. 

4. Sec. 785, limiting the indebtedness of all taxing districts on the basis of 
“1% per centum of the last assessed valuation of the taxable property” in the district 
(thereby impliedly amending Laws 1909, p. 324, sec. 1, which permitted school districts 
to incur indebtedness to 5 per cent of the taxable property in such districts) was not 
itself superseded by a later amendment of the same section by Laws 1919, ch. 90, 
sec. 12, which, following the method of amending statutes prescribed by the con¬ 
stitution, set out the section as amended, and thus restated the portions which con¬ 
flicted with sec. 785: State ex rel. School District No. 102 v. Clausen, 116 Wash. 432. 
See secs. 802 and 789. 


ARTICLE VIII—STATE, COUNTY, AND MUNICIPAL INDEBTEDNESS 

Limit of indebtedness of count ies, cities and school districts 

Sec. 6. No county, city, town, school district or other municipal corpora¬ 
tion, shall for any purpose become indebted in any manner to an amount ex¬ 
ceeding one and one-half per centum of the taxable property in such county, 
city, town, school district or other municipal corporation, without the assent 
of three-fifths of the voters therein, voting at an election to be held for that 
purpose, nor in cases requiring such assent shall the total indebtedness at any 
time exceed five per centum on the value of the taxable property therein, to be 
ascertained by the last assessment for state, and county purposes previous to 
the incurring of such indebtedness: except that in incorporated cities the 
assessment shall be taken from the last assessment for city purposes: Provided, 
That no part of the indebtedness allowed in this section, shall be incurred for 
any purpose other than strictly county, city, town, school district, or other 
municipal purposes. Provided further, That any city or town, with such assent 
may be allowed to become indebted to a larger amount but not exceeding five 
per centum additional for supplying such city or town with water, artificial 
light, and sewers, when the works for supplying such water, light, and sewers 
shall be owned and controlled by the municipality. 

Cross-references: Limitation of bonded indebtedness of school districts, sec. 79S; 
statutory limit of indebtedness of school districts, sec. 785 ; valuation to be determined 
according to this section for validation of indebtedness, sec. 789. 

1. A school district is a municipal corporation within the terms of the constitu¬ 
tion and statutes : Maxon v. School District , 5 Wash. 142 ; State ex rel. School District 
v. Grimes, 7 Wash. 270. 

2. This provision is self-executing and sufficient to confer upon the voters of a 
school district the right to determine the propriety of incurring additional indebtedness, 
and for that purpose to make use of the general election machinery afforded by law, 
without express assent of the legislature: Holmes & Bull Furn. Co. v. Hedges, 13 
Wash. 696, 701. 

3. Where it appears that the indebtedness of a school district, including its 
bonded and warrant indebtedness, exceeds the one and one-half per cent limitation 
allowed by the constitution, and that the bonded indebtedness has not been created 
under a vote of the people authorizing the incurring of indebtedness in excess of such 
limitation and that there are no moneys on hand for school purposes, the directors of 
the district cannot be compelled to open and maintain a public school: Stanley v. 
McGeorge, 17 Wash. 8. 

4. The maintenance of a public school throughout a school year of eight months 
is not such a necessity as to warrant school directors in overriding statutory and 
constitutional limitations as to the amount of indebtedness a school district may law¬ 
fully incur: Wolfe v. School District No. 2, 58 Wash. 212, 214. See, also, sec. 780. 

5. The limitation of this section of “five per cent of the value of the taxable 
property therein to be ascertained by the last assessment,” does not mean five per 
cent of the assessed valuation, where the taxing officers assessed the property at 
fifty per cent of its actual value, as authorized by statute, but means its actual value, 
or twice the assessed value as determined by the officers in arriving at the valuation 
for purposes of assessment: Hansen v. Hoquiam, 95 Wash. 132, 135. But see the 
following note: also sec. 785. 

6. Sec. 785, limiting the indebtedness of all taxing districts on the basis of 
“1 % per centum of the last assessed valuation of the taxable property” in the district 
(thereby impliedly amending Laws 1909, p. 324, sec. 1, which permitted school districts 
to incur indebtedness to five per cent of the taxable property in such districts) was 
not itself superseded by a later amendment of the section by Laws 1919, ch 90 sec 
12. which, following the method of amending statutes prescribed by the constitution* 
set out the section as amended, and thus restated the portions which conflicted with 
sec. 785: State ex rel. School District No. 102 v. Clausen, 116 Wash. 432. See sec 798 







Extracts From State Constitution 


23 


7. See Luzader v. Sargeant, 4 Wash. 299, at p. 304, concerning presumption as 
to whether indebtedness is in excess of the limit. 

Counties and municipalities shall not aid corporations, etc. 

Sec. 7. No county, city, town or other municipal corporation shall here¬ 
after give any money, or property, or loan its money, or credit to or in aid of 
any individual, association, company or corporation, except for the necessary 
support of the poor and infirm, or become directly or indirectly the owner of 
any stock in or bonds of any association, company or corporation. 

1. School districts are municipal corporations within the meaning of this section : 
Maxon v. School District No. S\), 5 Wash. 142, 146 ; State ex rel. School District v. 
Crimes, 7 Wash. 270. 

ARTICLE IX—EDUCATION 

Education of cliildrcn 

Section 1. It. is the paramount duty of the state to make ample provision 
for the education of all children residing within its borders, without distinction 
or preference on account of race, color, caste, or sex. 

Cross-references: Superintendent of public instruction to have general supervision, 
art. 3, sec. 22, ante; common schools open to all children of school age, sec. 243 ; 

general and uniform system of public schools shall be maintained, sec. 1. 

Cited: Holmes & Bull Furn. Co. v. Hedges, 13 Wash. 699; Rauch v. Chapman, 

16 Wash. 568, 576 (but see Const., art. 8, sec. 6, notes 3 and 4, infra ) ; Sheldon v. 
Purdy, 17 Wash. 135, 139 (see art. 9, sec. 3, note 1, infra ) ; State ex rel. Port Townsend 
v. Clausen, 40 Wash. 95, 105 (see art. 16, sec. 5, note 1, infra). 

1. This section does not limit the legislative power in such way as to prevent 

the legislature from charging entrance and tuition fees to students of the university 

of Washington: Litchman v. Shannon, 90 Wash. 186, 187. 

Uniform system of public schools, includes what; support of 

Sec. 2. The legislature shall provide for a general and uniform system 
of public schools. The public school system shall include common schools, and 
such high schools, normal schools, and technical schools as may hereafter be 
established. But the entire revenue derived from the common school fund 
and the state tax for common schools shall be exclusively applied to the support 
of the common schools. 

Cross-references: State system of schools established, sec. 1 ; income from per¬ 
manent school fund to be applied exclusively to use of common schools, sec. 760. 

1. Laws 1887-8, p. 15, requiring contractors’ bonds to be taken by school districts 
as municipal corporations, does not violate this section: Pacific Mfg. Co. v. School 
District. 6 Wash. 121. 

2. The act of the legislature providing for school districts in cities of ten 
thousand or more inhabitants is not unconstitutional on the ground that it affords a 
different and better system of education to such cities: Holmes Bull Furn. Co. v. 
Hedges, 13 Wash. 696, 707. 

3. Inerest on bonds issued for school building construction or purchase of school 
sites cannot be paid from proceeds of the common school fund: Sheldon v. Purdy, 

17 Wash. 135, 139. 

4. The legislature does not have power to provide for support of the model 
training department of a normal school from proceeds of the common school fund, 
since such department is not a common school: School District v. Bryan, 51 Wash. 
498, 501. 

5. Laws 1915, p. 239, providing for entrance and tuition fees to be charged to 
students of the university of Washington is a valid exercise of legislative authority 
not forbidden by this section: Litchman v. Shannon, 90 Wash. 186. See sec. 75. See, 
also, sec. 113, state college fees, and sec. 160, normal extension fees. 

Common school fund; Derived from what sources—Legislature may provide 
for increase 

Sec. 3. The principal of the common school fund shall remain permanent 
and irreducible. The said fund shall be derived from the following named 
sources, to-wit: Appropriations and donations by the state to this fund; dona¬ 
tions and bequests by individuals to the state or public for common schools; 
the proceeds of lands and other property which revert to the state by escheat 
and forfeiture; the proceeds of all property granted to the state when the pur¬ 
pose of the grant is not specified, or is uncertain; funds accumulated in the 
treasury of the state for the disbursement of which provision has not been 
made by law; the proceeds of the sale of timber, stone, minerals, or other 
property from school and state lands, other than those granted for specific 





24 


Extracts From State Constitution 


purposes; all moneys received from persons appropriating timber, stone, min¬ 
erals or other property from school and state lands other than those granted 
for specific purposes, and all moneys other than rental recovered from persons 
trespassing on said lands; five per centum of the proceeds of the sale of public 
lands lying within the state, which shall be sold by the United States subse¬ 
quent to the admission of the state into the union as approved by section 13 of 
the act of congress enabling the admission of the state into the union; the 
principal of all funds arising from the sale of lands and other property which 
have been, and hereafter may be granted to the state for the support of com¬ 
mon schools. The legislature may make further provisions for enlarging said 
fund. The interest accruing on said fund together with all rentals and other 
revenues derived therefrom and from lands and other property devoted to the 
common school fund shall be exclusively applied to the current use of the 
common schools. 

Cross-references: Permanent school fund, sec. 748; income of permanent fund 
accrues to current fund. sec. 760 ; state school tax, sec. 760. 

Cited: Ranch v. Chapman, 16 Wash. 576, concerning limitation of county indebt¬ 
edness; Rand, McNally & Co. v. Hartranft, 29 Wash. 591, 595, concerning legislative 
power over textbook adoptions (see sec. 402) ; State ex rel. Port Townsend v. Clausen, 
40 Wash. 95, 105, concerning investment of permanent school fund (see Const., art. 16, 
sec. 5, note 1) ; Paine v. Port of Seattle, 70 Wash. 294, 301, concerning formation of 
port district. 

1. The legislature has no power to direct payment of interest on bonds, issued 
for building construction or for purchase of school sites, from proceeds of the per¬ 
manent school fund; Sheldon v. Purdy, 17 Wash. 135, 139. 

2. Concerning proceeds of land grant for normal schools, see State ex rel. 
Houston v. Maynard, 31 Wash. 132. 

3. A common school within the meaning of this section is one that is common 
to all children of pi’oper age and capacity, free, and subject to, and under the control 
of the qualified voters of the district: School District v. Bryan, 51 Wash. 498. 

4. Under the constitutional and statutory provisions differentiating between the 
common school and the normal school, a model training department of a state normal 
school wherein a portion of the school children in a district are given instruction which 
they would otherwise receive in the district schools, is not a part of the common 
schools of the state, within the provision of this section requiring the common school 
fund to be applied exclusively to the support of the common schools; &s such a 
department is not under the control of the district or common to all children of proper 
age or a part of our uniform system of schools, and its main purpose is to benefit 
the normal pupil; hence Laws 1907, p. 180. sec. 4. apportioning part of the common 
school fund of a district to the maintenance of such a model training school is void: 
School District v. Bryan, 51 Wash. 498. 

Schools non-sectarian 

Sec. 4. All schools maintained or supported wholly or in part by the 
public funds shall be forever free from sectarian control or influence. 

Cross-references: University free from religious or sectarian control, sec. 66 ; 
state college non-sectarian, sec. 95 ; public schools to be free from sectarian control 
or influence, sec. 418; use of schoolroom for religious meetings, sec. 582, subd. 10; 
religious training and services for parental school inmates, sec. 673. 

1. The giving of credits for Bible study done outside of school, furnishing an 
outline of study, conducting examinations, and the rating of papers, covering the 
“historical, biographical, narrative and literary features of the Bible,” violates Const., 
art. 1, sec. 11, providing that no public money shall be applied to any religious worship, 
exercise or instruction : State ex rel. Dearie v. Frazier, 102 Wash. 369. 

Losses to permanent school fund becomes a debt on state 

Sec. 5. All losses to the permanent common school or any other state 
educational fund, which shall be occasioned by defalcation, mismanagement or 
fraud of the agents or officers controlling or managing the same, shall be 
audited by the proper authorities of the state. The amount so audited shall 
be a permanent funded debt against the state in favor of the particular fund 
sustaining such loss, upon which not less than six per cent annual interest 
shall be paid. The amount of liability so created shall not be counted as a 
part of the indebtedness authorized and limited elsewhere in this constitution. 

Cross-reference: Statutory re-enactment, sec. 749. 

Cited: State ex rel. Port Totvnsend v. Clausen, 40 Wash. 95, 105, concerning 
investment of fund in bonds issued by city. See Const., art. 16. sec. 5, note 1. 

1. Warrants drawn by the auditor upon the general fund of the state do not 
constitute bonds, in which the permanent school fund may be Invested, within the 
meaning of Const., art. 5, sec. 16 ; hence Laws 1899, p. 53, authorizing the investment 
of the permanent school fund in state warrants is unconstitutional: State ex rel. 
Hcllar v. Young, 21 Wash. 391. 




Extracts From State Constitution 


25 


ARTICLE XI—COUNTY, CITY AND TOWNSHIP ORGANIZATION 
System of county government 

Sec. 4. The legislature shall establish a system of county government 
which shall be uniform throughout the state, and by general laws shall pro¬ 
vide for township organization, under which any county may organize when¬ 
ever a majority of the qualified electors of such county voting at a general 
election shall so determine, and whenever a county shall adopt township 
organization the assessment and collection of the revenue shall be made and 
the business of such county, and the local affairs of the several townships 
therein shall be managed and transacted in the manner prescribed by such 
general laws. 

Cross-reference: County school district created, sec. 428. 

County officers, compensation of 

Sec. 5. The legislature by general and uniform laws shall provide for 
the election in the several counties of boards of county commissioners, sheriffs, 
county clerks, treasurers, prosecuting attorneys, and other county, township or 
precinct and district officers as public convenience may require, and shall pre¬ 
scribe their duties, and fix their terms of office. It shall regulate the compensa¬ 
tion of all such officers, in proportion to their duties, and for that purpose may 
classify the counties by population. And it shall provide for the strict account¬ 
ability of such officers for all fees which may be collected by them, and for all 
public moneys which may be paid to them, or officially come into their posses¬ 
sion. 

Cross-references: County superintendent, election, sec. 429 ; duties, sec. 440 ; term 
of office, sec. 430 ; compensation and classification of counties, sec. 437 ; bond, sec. 429 ; 
school directors, election, general, sec. 521 ; election in districts of the first class, 
secs. 647 and 707 ; election in districts of the second class, sec. 722 ; election in districts 
of the third class, sec. 735 ; elections under consolidated election law, secs. 532 and 543 ; 
powers and duties in districts of the first class, sec. 661 ; term in districts of the first 
class, sec. 648; term in districts of the second class, sec. 721; term in districts of the 
third class, sec. 734 ; term under consolidated election law, secs. 534 and 544. 

1. The act of March 26, 1890, providing for election of county commissioners for 
terms of four years does not violate art. 6, sec. 8, of the constitution, which must be 
construed in connection with the provision of this section that the legislature shall 
provide for election of the commissioners and fix their term of office: Hays v, 
Twichell, 9 Wash. 530. 

Ineligibility for more than two terms 

Sec. 7. No county officer shall be eligible to hold his office more than two 
terms in succession. 

1. Under this section the incumbency of the office for a part of a term under the 
api ointment of the county commissioners will not disqualify the officer from holding 
the office for two succeeding terms: Koontz v. Kurtzman, 12 Wash. 59. 

ARTICLE XIII—STATE INSTITUTIONS 

Educational, Reformatory and Penal Institutions 

Section 1. Educational, reformatory and penal institutions; those for the 
benefit of blind, deaf, dumb, or otherwise defective youth; for the insane and 
idiotic; and such other institutions as the public good may require, shall be 
fostered and supported by the state, subject to such regulations as may be pro¬ 
vided by law. The regents, trustees, or commissioners of all such institutions 
existing at the time of the adoption of this constitution, and of such as shall 
thereafter be established by law, shall be appointed by the governor, by and 
with the advice and consent of the senate; and upon all nominations made by 
the governor, the question shall be taken by the ayes and noes, and entered 
upon the journal. 

Cross-references: State university, establishment, sec. 54 ; appointment of regents, 
sec. 55 ; state college, establishment, sec. 95 ; appointment of regents, sec. 96 ; state 
normal schools, establishment, secs. 142 and 165 ; appointment of trustees, secs. 142 
and 167; state school for the blind, establishment, sec. 207; control, sec. 208; state 
school for the deaf, establishment, sec. 207 ; control, sec. 208 ; state custodial shcool, 
establishment, sec. 218; control, sec. 221; state training school, establishment, sec. 1<0; 
state school for girls, establishment, sec. 194. 





26 Extracts From State Constitution 


1. Where a board of regents of a state institution stands by and allows a 
succeeding board to assume and discharge the duties of such office without question, 
the succeeding board, although it may have been illegally appointed, becomes the 
de facto board, and being in full and exclusive possession of said office, it becomes the 
duty of the courts to aid such de facto board in obtaining possession of the public 
funds devoted to such institution: State ex rel. Steams v. Smith, 9 Wash. 195, 197. 


ARTICLE XVI—SCHOOL AND GRANTED LANDS 


Investment of funds 

Sec. 5. None of the permanent school fund of this state shall ever be 
loaned to private persons or corporations, but it may be invested in national, 
state, county, municipal or school district bonds. 

Ncte. This section constitutes the first amendment. 

Cross-references: Permanent school fund created, art. 9, sec. 3, ante; losses to 
become a debt against the state, art. 9, sec. 5, ante; investment by state board of 
finance, sec. 754 et seq. 

1. Bonds issued by a city to defray cost of construction of waterworks, which 
are payable only out of a special fund derived from the revenues of the waterworks 
system, and for which the city is not in any way liable, are not municipal bonds 
within the meaning of this section: State ex rel. Port Townsend v. Clausen , 40 
Wash. 95. 

2. Under this section and Code Pub. Ins., sec. 754, authorizing the investment of 
the permanent school fund in state bonds, the investment cannot be made in state 
capitol building bonds issued against the capitol building fund to be derived from the 
sale of the capitol lands, unless the general credit of the state is lawfully pledged to 
the payment of the principal and interest of the bonds : State Capitol Com. v. State 
Board of Finance, et al., 74 Wash. 15. 

3. Under the provisions of art. 16, sec. 5, of the constitution, authorizing the 
investment of the permanent school fund, “in national, state, county or municipal 
bonds.” the moneys in such fund may be invested in school district bonds, as school 
districts are municipal corporations within the purview of our state constitution: 
State v. Grimes, 7 Wash. 270. 

4. Warrants are not bonds within the meaning of Const., art. 16, sec. 5, pro¬ 
viding, that the permanent school fund may be invested in national, state, county or 
municipal bonds, but that none of it shall ever be loaned; and hence Laws of 1899, 
p. 53, authorizing the investment thereof in state warrants is unconstitutional as a 
loaning of the permanent school fund: State ex rel. Hellar v. Young, 21 Wash. 391. 


ARTICLE XXVI—COMPACT WITH THE UNITED STATES 
Religions toleration guaranteed 

The following ordinance shall be irrevocable without the consent of the 
United States and the people of this state: 

First. That perfect toleration of religious sentiment shall be secured and 
that no inhabitant of this state shall ever be molested in person or property 
on account of his or her mode of religious worship. 

Rights to unappropriated public lands disclaimed 

Second. That the people inhabiting this state do agree and declare that 
they forever disclaim all right and title to the unappropriated public lands 
lying within the boundaries of this state, and to all lands lying within said 
limits owned or held by any Indian or Indian tribes; and that until the title 
thereto shall have been extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States, and said Indian lands 
shall remain under the absolute jurisdiction and control of the congress of the 
United States and that the lands belonging to citizens of the United States re¬ 
siding without the limits of this state shall never be taxed at a higher rate 
than the lands belonging to residents thereof; and that no taxes shall be im¬ 
posed by the state on lands or property therein, belonging to or which may 
be hereafter purchased by the United States or reserved for use: Provided , 
That nothing in this ordinance shall preclude the state from taxing as other 
lands are taxed any lands owned or held by any Indian who has severed his 
tribal relations, and has obtained from the United States or from any person a 
title thereto by patent or other grant, save and except such lands as have been 
or may be granted to any Indian or Indians under any act of congress contain¬ 
ing a provision exempting the lands thus granted from taxation, which exemp- 




Extracts From State Constitution 


27 


tion shall continue so long and to such an extent as such act of congress may 
prescribe. 

Debts of territory assumed 

Third. The debts and liabilities of the territory of Washington and pay¬ 
ment of the same are hereby assumed by this state. 

System of public schools guaranteed 

Fourth. Provision shall be made for the establishment and maintenance 
of systems of public schools free from sectarian control which shall be open to 
all the children of said state. 

Cross-references: Public money and property not to be appropriated for religious 
use, art 1, sec. 11, ante; state to make provision for the education of children without 
discrimination, art. 9, sec. 1, ante; provision to be made for general and uniform 
system of public schools, art. 9, sec. 2, ante; common school fund established, art. 9, 
sec. 3, ante; schools to be non-sectarian, art. 9, sec. 4, ante. 

1. This section does not have the effect of making the state university open and 
free to all children of the state and the legislature has power to provide that entrance 
and tuition fees shall be charged to students of the university: Litchman v. Shannon, 
90 Wash. 186, 190. 



STATUTES RELATING TO PUBLIC INSTRUCTION 

ANNOTATED 


PART I—SYSTEM OF PUBLIC INSTRUCTION 
CHAPTER 1—THE STATE 

1. State system of schools. 

2. Administrative officers. 

3. Women may hold offices. 

Cross-reference: Legislature to provide for a general and uniform system of public 
schools, Const., art. 9, sec. 2. 

1. State system of schools 

A general and uniform system of public schools shall be maintained through¬ 
out the state of Washington, and shall embrace common schools (including high 
and elementary schools, schools for special help and discipline, schools or de¬ 
partments for special instruction), technical schools, the university of Wash¬ 
ington, the state college of Washington, state normal schools, state training 
schools, schools for defective youth, and such other educational institutions as 
may be established by law and maintained at public expense. (L. ’09, p. 230, 
sec. 1; R. C. S., sec. 4518; P. C., sec. 4720.) 

Const, art. 9, sec 2, provides: “The public school system shall include common 
schools, and such high schools, normal schools, and technical schools as may hereafter 
be established.” 

Cross-reference: Common schools defined, sec. 243. 

1. A common school, within Const., art. 9, sec. 2, means one that is common to all 
children of proper age and capacity, free, and subject to, and under the control of the 
qualified voters of the district: School District v. Bryan, 51 Wash. 498. 

2. Under a franchise granted to the Seattle Electric Company providing that 
“School children going to and from school shall ride for half fare” the words “school 
children” as employed in the franchise include only those who are commonly referred to 
as school children, not students of the universities or colleges or schools where a par¬ 
ticular branch of work is pursued. Such students are not entitled to half fare rate: 
State ex rel. Seattle v. Seattle Electric Co., 71 Wash. 213. 

2. Administrative officers 

The administration of the public school system shall be intrusted to a super¬ 
intendent of public instruction, a state board of education, to regents or trustees 
for educational institutions, to county superintendents of common schools, to 
boards of directors and district clerks. (L. ’09, p. 230, sec. 2; R. C. S., sec. 4519; 
P. C., sec. 4721.) 

3. Women may hold offices 

Whenever the word “he” or “his” occurs in this act, referring to either the 
members of the city board of directors, county superintendents of common 
schools, city superintendents, directors, clerks, state board of education or other 
school officers, it shall be understood to mean also “she” or “her,” and any 
woman possessing all of the qualifications of an elector except as to sex, and 
possessing all of the other qualifications required by law for such offices, shall 
be eligible to hold such offices. (L. ’09, p. 263, sec. 8; R. C. S., sec. 4692; P. C 
sec. 4895.) 

1. Women are eligible to hold the office of county superintendent of schools: 
Russell v. Guptill, 13 Wash. 360. 


State of Washington 


29 


CHAPTER 2—SUPERINTENDENT OF PUBLIC INSTRUCTION 

4. Election and term of office. 

5. Salary. 

6. Powers and duties. 

7. Assistants and deputy. 

8. State archives committee. 

9. State voting machine committee. 

10. State library committee. 

11. State humane bureau. 

4. Election and term of office 

A superintendent of public instruction shall be elected by the qualified 
electors of the state, on the first Tuesday after the first Monday in November 
of the year in which state officers are elected, and shall hold his office for the 
term of four years, and until his successor is elected and qualified. (L. ’09, p. 
231, sec. 1; R. C. S., sec. 4521; P. C., sec. 4722.) 

Cross-references: Superintendent of public instruction a member of the executive 
department of the state, Const., art. 3, sec. 1 ; term of office prescribed, Const., art. 3, 
sec. 3. 

5. Salary 

The superintendent of public instruction shall receive an annual salary of 
three thousand dollars, payable monthly, upon warrant of the state auditor, 
drawn upon the state treasurer, in the same manner as other state officers are 
paid. (L. ’09, p. 231, sec. 2; R. C. S., sec. 4522; P. C., sec. 4723.) 

Cross-reference: Constitutional limit of salary of superintendent of public instruc¬ 
tion. art. 3, sec. 22. 

6. Powers and duties 

The powers and duties of the superintendent of public instruction shall be: 

First. To have supervision over all matters pertaining to the public schools 
of the state. 

Second. To report biennially to the governor on or before the first day of 
November preceding the regular session of the legislature, of which report five 
thousand copies shall be printed and delivered to the superintendent of public 
instruction, who shall furnish one copy to be deposited in the state library, one 
copy to each county superintendent of schools and one copy to each district 
library. Said report shall contain a statement of the general condition of the 
public schools of the state, with full statistical tables by counties showing the 
number of schools and the attendance, the state and county funds apportioned, 
amount received from special tax and from other sources, amount expended for 
salaries of teachers, the salaries paid by the several counties to the county 
superintendent of schools and the amount paid for incidentals and expenses; 
the amount paid for building and providing school houses with furniture and 
apparatus, the amount of bonded and other school indebtedness, with the rate of 
interest paid thereon, the reports of all state educational institutions, or such 
portions of them as he may think advisable, together with such other facts as 
he may deem of general interest. He shall also include in his report a state¬ 
ment of plans for the management and improvement of the schools. 

Third. To prepare and have printed such blanks, forms, registers, courses 
of study, rules and regulations for the government of the common schools, ques¬ 
tions prepared for the examination of teachers, and such other blanks and books 
as may be necessary for the discharge of the duties of teachers and officers 
charged with the administration of the laws relating to the common schools, 
and to distribute the same to the county superintendents. 

Fourth. To travel, without neglecting his other official duties as superin¬ 
tendent of public instruction, for the purpose of attending educational meetings 
or conventions within this or adjoining states, of visiting schools, of consulting 
county superintendents or other school officers. 

Fifth. To submit to the state auditor a monthly statement of his expendi¬ 
tures for traveling expenses. 



30 


Code of Public Instruction 


Sixth. To cause to be printed with an appendix of appropriate forms and 
instructions for carrying into execution the laws relating to public schools, and 
to distribute to each county superintendent a sufficient number of copies to 
supply each district officer, and to cause the same to be printed and distributed 
as often as any change in the laws shall make it of sufficient importance, in his 
opinion, to justify the same. 

Seventh. To act as ex-officio president of the state board of education. 

Eighth. To hold, annually, a convention of the county superintendents of 
the state at such time and place as he may deem convenient, for the discussion 
of questions pertaining to supervision and the administration of the school laws 
and such other subjects affecting the welfare and interests of the common 
schools as may be brought before it. Said convention shall continue in session 
not less than two days nor more than three days at the option of the superin¬ 
tendent of public instruction. It shall be the duty of every county superin¬ 
tendent in this state to attend said convention during its entire session, and any 
county superintendent who attends the convention shall receive actual traveling 
expenses in attending said convention. 

Ninth. He shall file all papers, reports and public documents transmitted 
to him by the school officers of the several counties of the state, each year sep¬ 
arately. Copies of all papers filed in his office, and his official acts, may be 
certified by him and attested by his official seal, and when so certified shall be 
evidence equally and in like manner as the original paper. 

Tenth. To require annually, on or before the 15th day of August, of the 
president, manager, or principal of every educational institution in this state, 
a report of such facts arranged in such form as he may prescribe, and he shall 
furnish blanks for such reports; and it is hereby made the duty of every presi¬ 
dent, manager or principal, to fill up and return such blanks within such time 
as the superintendent of public instruction shall direct. 

Eleventh. To keep in his office a directory of all boards of regents and 
trustees of state educational institutions, of the faculties of said institutions, 
and of all teachers receiving certificates to teach in the common schools of this 
state. 

Twelfth. To issue certificates as provided by law. 

Thirteenth. To keep in his office at the capital of the state, all books and 
papers pertaining to the business of his office, and to keep and preserve in his 
office a complete record of statistics, and all matters pertaining to the educa¬ 
tional interests of the state, as well as a record of the meetings of the state 
board of education. 

Fourteenth. To decide all points of law which may be submitted to him in 
writing by any county superintendent, or that may be submitted to him by any 
other person, upon appeal from the decision of any county superintendent; and 
he shall publish his rulings and decisions from time to time for the information 
of school officers and teachers; and his decision shall be final unless set aside 
by a court of competent jurisdiction. 

Fifteenth. To administer oaths and affirmations in the discharge of his 
official duties. 

Sixteenth. To deliver over to his successor, at the expiration of his term of 
office, all records, books, maps, documents and papers of whatever kind belong¬ 
ing to his office, or which may have been received by him for the use of his 
office. 

Seventeenth. To prepare and from time to time to revise a state manual of 
Washington, which shall be sold at actual cost of publication and distribution, 
said manual to contain a sketch of the history of the state, an outline of the con¬ 
stitution of the state, excerpts from the school code, the courses of study and 
rules for the general government of the common schools, a map of the state, 
and a map of the topography of the state, and such other matter as the state 
superintendent or the state board of education from time to time shall determine. 

Eighteenth. To make a certified copy of papers filed in his office and of his 
official acts, attested by his official seal. He shall charge for such certified copy 
fifteen cents per folio, and all money so received shall be immediately paid to 
the state treasurer and credited to the general fund of the state. 



State of Washington 


31 


Nineteenth. To perform such other duties as may be required by law. (L. 
’09, p. 231, sec. 3; R. C. S., sec. 4523; P. C., sec. 4724.) 

Notes on subdivision 1 

Cross-references: Power of supervision over all matters pertaining to public 
schools conferred, art. 3, sec. 22; county superintendent to execute instructions and 
decisions of the superintendent of public instruction, sec. 440, subd. 3. 

1. The .state board of education has no authority to adopt an order providing 
that no grade or grades in a high school shall be established without the approval of 
the state superintendent of public instruction. (Atty. Gen. Ops., 1913-14, p. 551.) 

Notes on subdivision 2 

Cross-reference: Biennial report of state normal schools to be included in report of 
superintendent of public instruction, sec. 149. 

Notes on subdivision 3 

Cross-references: State board to prepare outline course of study, sec. 17, subd. 7 ; 
also examinations for teachers, sec. 17, subd. 8 ; courses in physical education, sec. 20 ; 
enumeration of subjects to be taught, sec. 247 ; state board to prepare high school 
extension courses, sec. 263 ; also to direct and control courses in vocational education, 
sec. 268 ; part-time school courses, sec. 278 ; courses in American history and govern¬ 
ment, sec. 262 ; teachers’ examinations to be held, sec. 303 et seq.; county superin¬ 
tendent to distribute forms, circulars, etc., received from the state superintendent, sec. 
440, subd. 3 ; and to enforce course of study, sec. 440, subd. 4 ; and to prepare outline 
course, sec. 440, subd. 5 ; clerks to furnish teachers with registers supplied by county 
superintendent, sec. 587, subd. 7; directors may establish such kindergarten courses 
as they deem best, sec. 633; rules and regulations of state board, Appendix A; blank 
forms, Appendix D. 

Notes on subdivision 4 

2. Traveling expenses incurred by the superintendent of public instruction in 
attending a county teachers’ institute should be paid out of the appropriation made 
for his office but if the unspent balance of that appropriation should be so small that 
to use any part thereof for institute purposes would restrict the regular work of the 
office, the county superintendent would be authorized to pay the expenses of the super¬ 
intendent of public instruction out of the institute fund. (Atty. Gen. Ops., 1911-12, 
p. 209.) 

Notes on subdivision 0 

3. The school code as issued by the superintendent of public instruction is pre¬ 
sumed to be a correct copy of the law. If it conflicts with the session laws as issued 
by the secretary of state, the court would follow the session laws. The code of public 
instruction is a proper source of information, and unless it is shown that it conflicts 
with the session laws, is as good as any. (Atty. Gen. Ops., 1905-6, p. 340.) 

Notes on subdivision 7 

Cross-references: Duties of superintendent of public instruction as ex-officio presi¬ 
dent of the board, sec. 14 ; state board to prepare course for physical education, sec. 22 ; 
superintendent of public instruction to prepare courses of study, sec. 6, subd. 3 ; rules 
and regulations of the state board set forth, Appendix A. 

Notes on subdivision 8 

Cross-reference: Expenses of county superintendents in attending annual conven¬ 
tion, sec. 438. 

Notes on subdivision 0 

Cross-reference: Charge to be made for certified copies of papers, sec. 6, subd. 18; 
state superintendent to keep manuscripts of teachers’ examinations on file for sixty 
days, sec. 304. 

Notes on subdivision 11 

Cross-references: State board empowered to hear appeals involving revocation of 
certificates, sec. 309. 

Notes on subdivision 12 

Cross-reference: Certificates to be issued by state superintendent, sec. 290. 

Notes on subdivision 13 

Cross-reference: Deputy state superintendent to keep record of proceedings of 
state board, sec. 15. 

Notes on subdivision 14 

Cross-references: Appeal from refusal of county superintendent to register cer¬ 
tificate, sec. 295 ; appeal when certificate has been revoked by county superintendent, 
sec. 309 ; appeals to be taken from county superintendent to state superintendent, sec. 

411. 

4. While the construction by the superintendent of public instruction of a statute 
having to do with the subject matter thereof is not conclusive upon the court such 
interpretation, especially when long observed, will not be ignored or lightly regarded. 
Regan v. School District No. 25, 44 Wash. 523. 

5 The provision that the decision of appeal “shall be final unless set aside by a 
court of competent jurisdiction in an action brought therein to review such order or 





32 


Code of Public Instruction 


decision,” does not provide for an appeal nor for a hearing de novo, but only for pro- 
ceedings by certiorari to review the decision or order complained of on the record 
made before the school authorities and county commissioners. Tufts v. Riffe, 97 
Wash. 600. f 

6. It is not considered within the province of the superintendent of public instruc¬ 
tion to give advice to persons who are actual or prospective litigants against school 
districts. (Supt. Pub. Instr., June 27, 1914.) 

Notes on subdivision 16 

Cross-reference: Penalty for failure to deliver books, papers and records to suc¬ 
cessor, sec. 424. 

Notes on subdivision 17 

Cross-references: Graduates of accredited institutions to be examined in state 
manual, sec. 17, subd. 3 ; holders of accredited certificates and diplomas to be examined 
in state manual, sec. 17, subd. 4 ; fire drill law to be published in manual, sec. 31 ; 
applicants for limited certificates to pass examination in manual, sec. 301, subd. 3. 

Notes on subdivision 18 

Cross-reference: Certified copies to be evidence in like manner as the original 
paper, sec. 6, subd. 9. 

Notes on subdivision 19 

7. The superintendent of public instruction, under sec. 449, has the right to 
revoke any class of certificates or diplomas, including those of the normal department 
of the state university, for non-attendance of the teacher at teachers’ institutes. In 
all other instances, under the provisions of sec. 307, the regents of the state university 
would have the sole power of revocation of normal diplomas granted by the state 
university. (Atty. Gen. Ops., 1905-6, p. 191.) 

7. Assistants and deputy 

The superintendent of public instruction is hereby authorized to appoint 
one assistant superintendent of public instruction, who shall be the holder of 
not less than a first grade certificate; a deputy superintendent of public instruc¬ 
tion, who shall also act as an inspector of schools, who shall be the holder of not 
less than a first grade certificate; a stenographer, and also to employ such other 
assistants as the needs of his office shall require from time to time, and for the 
payment of whose services appropriations shall have been made by the legisla¬ 
ture of this state. (L. ’09, p. 234, sec. 4; R. C. S., sec. 4524; P. C., sec. 4725.) 

8. State archives committee 

The secretary of state, the superintendent of public instruction, and the 
state insurance commissioner, ex-officio, shall constitute the state archives com¬ 
mittee, which shall have the power, and it shall be its duty, to exercise all the 
powers and perform all the duties now vested in, and required to be performed 
by, the public archives commission. (L. ’21, p. 14, sec. 9; R. C. S., sec. 10767; 
P. C., sec. 4-9.) 

9. State voting machine committee 

The secretary of state, the superintendent of public instruction, and the 
state insurance commissioner, ex-officio, shall constitute the state voting machine 
committee, which shall have the power, and it shall be its duty, to exercise all 
the powers and perform all the duties now vested in, and required to be per¬ 
formed by, the state board of voting machine examiners. (L. ’21, p. 14, sec. 11; 
R. C. S., sec. 10769; P. C., sec. 4-11.) 

Cross-reference: Duties of state board of voting machine examiners, sec. 549. 

10. State library committee 

The superintendent of public instruction, the commissioner of public lands, 
and the state treasurer, ex-officio, shall constitute the state library committee, 
which shall have the power, and it shall be its duty, to exercise all the powers 
and perform all the duties relating to the state library, except the powers and 
duties relating to the state law library, now vested in, and required to be per¬ 
formed by, the state library commission, and shall exercise all the powers and 
perform all the duties now vested in, and required to be performed by, the state 
library advisory board. (L. ’21, p. 15, sec. 13; R. C. S., sec. 10771; P. C., sec. 
4-13.) 

Cross-references: Books for county circulating libraries must be approved by the 
superintendent of public instruction, sec. 457 ; duties of state library commission as to 
privately-owned libraries supported by public funds, sec. 642. 







State of Washington 


33 


11. State humane bureau 

There is hereby created a bureau, which shall be known as the state humane 
bureau, which bureau shall consist of the governor, the superintendent of pub¬ 
lic instruction, the attorney general, and two members to be appointed by the 
governor. (L. T3, p. 312, sec. 1; R. C. S., sec. 10960; P. C., sec. 6659.) 

Cross-references: Regulation of vivisection and dissection, sec. 25 et seq .; kind¬ 
ness to animals to be taught in the public schools, sec. 247 ; juvenile court law, sec. 
379 et seq. 


CHAPTER 3—STATE BOARD OF EDUCATION 

12. Personnel of the board—how appointed—term of office. 

13. Vacancies. 

14. President of the board. 

15. Secretary of the board. 

16. Annual meeting—expenses of the board. 

17. Powers and duties of the board. 

18. Shall unify public school system. 

19. Seal of the board. 

12. Personnel of the board—How appointed—Term of office 

The state board of education shall consist of the superintendent of public 
instruction, the president of the university of Washington, the president of the 
state college of Washington, the principal of one of the state normal schools 
elected by the principals of the state normal schools, and three persons holding 
life diplomas issued under the authority of this state and actively engaged in 
educational work, appointed by the governor, one of whom shall be a superin¬ 
tendent of a district of the first class, one a county superintendent of schools, 
one a principal of a fully accredited four-year high school. 

The appointed and elected members of the board shall hold their office for 
two years from the date of appointment, and shall serve until their successors 
are appointed and qualified. (L. ’09, p. 234, sec. 1; R. C. S., sec. 4525; P. C., sec. 
4726.) 

1. A member of the state board of education is an executive officer of the state 
within the meaning of Const., art. 3, sec. 1. State v. Womack, 4 Wash. 19. 

13. Vacancies 

Whenever any vacancy in the board shall occur, whether by death, removal, 
resignation or otherwise, the governor shall fill the vacancy by appointment. 
(L. ’97, p. 367, sec. 26; R. C. S., sec. 4520.) 

Note.— Since this section was not included in the 1909 code of public instruction, 
Laws 1909, ch. 97, its present force is doubtful. 

14. President of the board 

The superintendent of public instruction shall be ex-officio president of the 
board, and shall furnish all necessary record books and blanks for its use, and 
shall represent the board in directing the work of high school inspection. (L. 
’09, p. 235, sec. 2; R. C. S., sec. 4526; P. C., sec. 4727.) 

15. Secretary of the board 

The deputy superintendent of public instruction shall be ex-officio secretary 
of said board, but shall not be entitled to a vote in its proceedings. He shall 
keep a correct record of its proceedings in a good and well-bound book, which 
shall be kept in the office of the superintendent of public instruction. He shall 
also, upon request, furnish to the executive head of any or all of the state institu¬ 
tions of higher education a certified copy of such proceedings. (L. ’09, p. 235, 
sec. 3; R. C. S., sec. 4527; P. C., sec. 4728.) 

16. Annual meeting—Expenses of the board 

The state board of education shall hold an annual meeting at the capital of 
the state on the third Tuesday of June of each year, and may hold such special 
meetings as may be deemed necessary for the transaction of public business, 




34 


Code of Public Instruction 


such special meetings to be called by the superintendent of public instruction. 
The persons serving as members of the state board of education shall be reim¬ 
bursed for the actual expenses incurred in the performance of their duties, 
which expenses shall be paid by the state treasurer on warrants of the state 
auditor, out of funds not otherwise appropriated, upon the certificate of the 
superintendent of public instruction: Provided, That members of the board who 
are not under salary to whom special committee work is assigned shall be paid 
for such services five dollars per day. (L. ’09, p. 235, sec. 4; R. C. S., sec. 4528; 
P. C., sec. 4729.) 

1. Members of the state board under salary from the state or state institutions at 
the time the services are performed are not entitled to five dollars per day, but mem¬ 
bers under salary from an independent source other than the state or state institutions 
are entitled to their per diem. (Atty. Gen., June 23, 1900.) 

17. Powers and duties of the board 

The state board of education shall have power, and it shall be its duty: 

First. To approve the preparatory requirements for entrance to the univer¬ 
sity of Washington, the state college of Washington, and the state normal schools 
of Washington. 

Second. To approve courses for the state normal schools, for the depart¬ 
ment of education of the university of Washington, and the state college of 
Washington, and for all normal training departments of higher institutions 
within the state of Washington which may be accredited and whose graduates 
may become entitled to receive teachers’ life diplomas or professional certificates. 

Third. The state board of education shall investigate the character of the 
work required to be performed as a condition of entrance to and graduation 
from normal schools, colleges, universities and other institutions of higher edu¬ 
cation and to prepare an accredited list of those higher institutions of learning 
of this and other states whose graduates may be awarded teachers’ certificates 
by the superintendent of public instruction without examination except upon 
the state manual of Washington: Provided, That graduates of accredited col¬ 
leges and universities must present evidence that they have completed satis¬ 
factorily twelve semester hours in professional study in an accredited institu¬ 
tion or else pass examination in such professional subjects as the state board 
of education may direct: And provided -further, That the entrance and gradua¬ 
tion requirements of all colleges and universities whose diplomas are accredited 
must be equal to those of the university of Washington; and the requirements 
for normal schools shall be equal to the advanced courses of the state normal 
schools of this state. 

Fourth. To prepare an accredited list of state life certificates and life 
diplomas issued in other states by examination, upon which certificates may be 
issued in this state without examination, except in Washington state manual: 
Provided, That the requirements to obtain such certificates and diplomas must 
be equal to the requirements for a life certificate in this state. 

Fifth. To examine and accredit secondary schools: Provided, That no pri¬ 
vate academy shall be placed upon the accredited list so long as secret societies 
are allowed to exist among its students. 

Sixth. When requested by any institution of higher learning situated within 
the state maintaining a normal training department the board shall send an 
inspector, qualified for such service, to examine the equipment of such depart¬ 
ment and to ascertain the extent and character of the courses provided and the 
preparatory requirements for admission to them, which requirements must in¬ 
clude the completion of a high school course or its equivalent, and particularly 
the qualifications and experience of the instructors and supervisors who are re¬ 
sponsible for the work of this department. 

The inspector shall make a detailed report, including declaration of his 
opinion of the adequacy of the department for the work of educating and train¬ 
ing teachers, which report shall be placed on file in the office of the superin¬ 
tendent of public instruction. 

If any such normal training department is ascertained to be equipped and 
manned adequately for the education and training of teachers and to be under 
reliable and responsible management and upon a basis of efficiency equal to that 
of the normal schools maintained by the state it shall be the duty of the board 



State of Washington 


35 


to accredit such department and to grant life diplomas to graduates who present 
diplomas certifying that the holders have completed the courses approved by 
the board when the applicants have complied with the other requirements for 
life diplomas. It shall be the further duty of the board to inspect all accredited 
normal training departments each year. 

Seventh. To prepare an outline course or courses of study for the primary, 
grammar and high school departments of the common schools, and to prescribe 
such rules for the general government of the common schools as shall secure 
regularity of attendance, prevent truancy, secure efficiency and promote the true 
interests of the common schools. 

Eighth. To prepare a uniform series of questions to be used by the county 
superintendents in the examination of teachers, and to determine rules and reg¬ 
ulations for conducting the same, and to prepare questions for the examination 
of applicants for state elementary certificates, and life diplomas. 

Ninth. To prepare answers to all examination questions which are pre¬ 
pared by the board. 

Tenth. To prepare uniform questions for use in the examination of the 
pupils of the schools of the state completing the grammar school course of study, 
and to prescribe uniform rules and regulations for the conducting of such ex¬ 
amination. 

Eleventh. To hear and decide appeals as provided by law. (L. ’09, p. 236, 
sec. 5; R. C. S., sec. 4529; P. Q., sec. 4730.) 

Notes on su 1x1 ivision 1 

Cross-references: Entrance requirements for the university, state college and 

state normal schools, sec. 50 ; for the state university, sec. 86 ; for the state college, 
sec. 95 ; for the state normal schools, sec. 152 ; high school extension certificates entitle 
holder to admission to state university or to class in any other institutions as may be 
specified by the state board, sec. 265. 

Notes on subdivision 2 

Cross-references: State board to prescribe course of study for state normal 

schools, sec. 162 ; state board to district state for normal extension work, sec. 164. 

1. The state board of education has no authority to grant temporary teachers’ 
certificates valid in the elementary schools to graduates of the university of Washing¬ 
ton and the state college of Washington and similar certificates valid in the high 
schools to graduates of the state normal schools. (Atty. Gen., Oct. 5, 1923.) 

2. The state board of education has no power to prescribe a short course of one 
quarter in the state normal schools which could be availed of only by graduates of 
the state university and state college to fit themselves for diplomas entitling them to 
teach in the elementary schools, or a similar short course in the university and state 
college for the special benefit of graduates of the state normal schools by the com¬ 
pletion of which they would be entitled to teach in high schools. (Atty. Gen., Oct. 
5, 1923.) 

Notes on subdivision 3 

Cross-references: Publication and contents of state manual, sec. 6. subd. 17 : 

entrance requirements of the university of Washington, sec. 50 and sec. 86 ; entrance 
requirements of the state normal schools, sec. 50 and sec. 152 ; graduation requirements 
of state normal schools, sec. 154 and sec. 162 ; certificates issued by this state based 
upon graduation from accredited institutions, sec. 301 ; certification of graduates of 
accredited kindergarten normal departments, sec. 636. 

3. The state superintendent has no authority to grant a certificate based upon 
graduation from an accredited institution without the examination in state manual, and 
the examination must be taken before the county superintendent. (Atty. Gen. Ops., 
1903-4, p. 309.) 

Notes on subdivision 4 

Cross-references: Publication and contents of state manual, sec. 6, subd. 17 ; 

requirements for certificates and diplomas, sec. 301. 

Notes on subdivision 5 

Cross-references: Superintendent of public instruction to direct high school inspec¬ 
tion, sec. 14 ; graduation from four-year accredited high school prescribed as minimum 
requirement for admission to state higher institutions, sec. 50 ; graduates of approved 
and accredited high schools admitted to the state university without examination, 
sec. 86 ; admitted to the state college without examination, sec. 95 ; districts maintain¬ 
ing four-year high schools may adopt their own textbooks, sec. 402 et seq. 

4. No secondary schools are accredited for the purpose of certification in this 
state. (Supt. Pub. Instr., Mar. 4, 1915.) 

Notes on subdivision 6 

Cross-references: Courses of study leading to the granting of a normal school life 
diploma, sec. 162 ; certificates and diplomas granted by authority of this state, sec. 
301 et seq. 



36 


Code of Public Instruction 


Notes on subdivision 7 

Cross-references: State superintendent to publish courses, rules and regulations, 
sec. 6, subds. 3 and 17; state board to unify public school system, sec. 18; adoption 
and enforcement of courses in physical education, sec. 22 ; state board to supervise 
educational work of state school for girls, sec. 204 ; subjects required to be taught in 
the common schools, sec. 247 ; courses in American history and government, sec. 262 ; 
high school extension courses, sec. 263 ; state board to direct and control courses in 
vocational education, sec. 268; part-time school courses, sec. 278; penalty for failure 
of teacher to enforce course of study, sec. 316 ; teacher to enforce course of study and 
regulations, sec. 319 ; course of study in districts of the first division, sec. 405 ; of the 
second division, sec. 406 ; penalty for failure of district to comply with course of study, 
sec. 425 ; county superintendent to enforce courses, sec. 440, subd. 4 ; county superin¬ 
tendent to prepare outline courses in harmony with course adopted by state board, 
sec. 440, subd. 5 ; directors to enforce rules and courses of study, sec. 582, subd. 2 ; 
courses of study in districts of the first class to be consistent with course prepared by 
state board, sec. 661, subd. 2 ; directors may establish such kindergarten courses as 
they deem best, sec. 633. 

5. Where the course of study prescribed by the state board of education requires 
the use of certain textbooks in specified grades, a regulation of a school district that 
the pupils in such grades shall use such books until they become “proficient therein” is 
a sufficient compliance with the state course of study: Rand, McNally <£- Co. v. Royal, 
36 Wash. 420. 

6. It is the duty of the directors to enforce the course of study prescribed by the 
state board of education and not to adopt and enforce some other course inconsistent 
therewith which they may deem superior thereto: Wagner v. Royal, 36 Wash. 428. 

7. The course of study prepared by the state board of education is but an outline, 
and the superintendent of public instiuction might take into consideration any par¬ 
ticular needs or conditions of the schools to which the course of study submitted to him 
for approval applied, so long as there was a substantial compliance with the course 
adopted by the state board of education. (Atty. Gen. Ops., 1905-6, p. 174.) 

8. The superintendent of public instruction might approve a more extended use 
of the textbook on physiology so long as the text is used in the years indicated in the 
outline by the state board of education. He could not approve a course of study for 
high schools which provides for teaching physical geography only one semester unless 
the work done in that semester was sufficient to give the pupil a proficient knowledge 
of the subject, nor could he legally approve a course of study which provides for 
teaching physiology in the first and fourth years instead of the second year as pre¬ 
scribed by the course outlined by the state board. (Atty. Gen. Ops., 1905-6, p. 174.) 

Notes on subdivision 8 

Cross-references: Requirements for certificates, sec. 301 ; teachers examinations, 
sec. 303 ; county superintendent to enforce rules for examinations, sec. 440, subd. 4. 

Notes on subdivision 9 

Cross-reference: Superintendent of public instruction to have examination ques¬ 
tions printed, sec. 6, subd. 3. 

Notes on subdivision 10 

Cross-references: Grammar school examinations, sec. 365, et seq.; state board may 
prescribe eighth grade reading circle books, sec. 367 ; penalty for disclosing questions, 
sec. 421. 

Notes on subdivision 11 

Cross-references: Appeal upon refusal to register certificate, sec. 295 ; appeal 
upon revocation of certificate, sec. 309. 

9. The state board of education has no authority to adopt an order providing 
that no grade or grades in a high school shall be established without the approval of 
the state superintendent of public instruction. (Atty. Gen. Ops., 1913-14, p. 551.) 

10. The state board of education has authority to eliminate credit for teaching 
experience as credit toward graduation from a state normal school. (Atty. Gen. Ops., 
1919-20, p. 125.) 

11. The state board of education has no power to make a rule requiring private 
schools to be taught in the English language, but parents or guardians of children of 
school age who attend private schools at which instruction is not given in the English 
language are amenable to the provisions of the compulsory school law, sec. 353, and the 
county superintendent is the proper authority to approve or disapprove a private school 
under that law. (Atty. Gen. Ops., 1919-20, p. 336.) 

12. Before the eighth grade certificates provided for in secs. 365 to 368, inclusive, 
can be issued to pupils who have completed the grammar school course of study, such 
pupils must have submitted to and successfully passed the examinations therein pro¬ 
vided for and the county superintendent of schools is required by law to conduct such 
examinations, but for that purpose may appoint assistant examiners. (Atty. Gen. Ops., 
1921-22, p. 219.) 

13. The university of Washington and state college of Washington cannot grant 
diplomas to teach in the elementary schools of the state and cannot be accredited by 
the state board of education under the provisions of sec. 17 ; so the superintendent 
of public instruction has no power to grant certificates, with or without examination, 
to persons who have the requisite attendance at such institutions to their credit. (Atty. 
Gen., May 11, 1923.) 





State of Washington 


37 


18. Shall unify public school system 

The board shall arrange such courses and adopt and enforce such regula¬ 
tions as will place the state institutions in harmonious relations with the 
common schools and ^ith each other, and unify the work of the public school 
system. (L. ’09, p. 238, sec. 6; R. C. S., sec. 4530; P. C., sec. 4731.) 

19. Seal of the board 

The state board of education shall adopt a seal, which shall be kept in the 
office of the superintendent of public instruction. (L. ’09, p. 238, sec. 7; R. C. S., 
•sec. 4531; P. C., sec. 4732.) 

CHATTER 4—REGULATIONS AND FUNCTIONS PERTAINING TO THE 

STATE SCHOOL SYSTEM 

20. Physical education—state board to prescribe courses. 

21. Schools to give instruction. 

22. Direction and enforcement of instruction. 

23. Publication of courses. 

24. Enforcement of courses. 

25. Vivisection. 

26. Dissection permitted, when. 

27. Violation vivisection law. 

28. Doors of school buildings. 

29. Fire drills twice each month. 

30. Penalty. 

31. Publication of this act. 

32. Colleges and universities excepted. 

20. State board shall prescribe courses 

After the first day of September, 1919, during periods averaging at least 
twenty minutes in each school day, every pupil attending the first eight grades 
of the public schools of the state of Washington, shall receive as part of the 
required instruction therein, such courses in physical education as shall be pre¬ 
scribed by the state board of education: Provided 5, That individual pupils or 
students may be excused on account of physical disability or religious belief. 
(L. ’19, p. 205, sec. 1; R. C. S., sec. 4682; P. C., sec. 4730c.) 

1. School districts of the second and third classes may expend school district 
funds for the construction of swimming tanks if in the judgment of their directors the 
maintenance of such swimming tanks is in fact essential to the proper physical develop¬ 
ment of the pupils of such district. (Atty. Gen. Ops., 1921-22, p. 244.) 

2. There is nothing in the law to prevent a school district from devoting the 
time ordinarily used for a recess period to physical education. If the regular course 
in physical education as outlined in the syllabus of the state board of education is 
followed during that period the law is not violated thereby. (Supt. Pub. Instr., Mar. 
8, 1921.) 

21. Schools to give instruction 

All high schools of the state may, and all state normal schools, the univer¬ 
sity of Washington and the state college of Washington, shall, each of them, 
emphasize the work of physical education, and shall carry into effect all such 
courses provided by the state board of education; said courses to provide for a 
minimum of ninety (90) minutes in each school week: Provided, That indi¬ 
vidual students may be excused on account of physical disability or religious 
belief, or because of participation in directed athletics or military science and 
tactics: Provided further, That individual high school students shall be ex¬ 
cused upon the written request of parents or guardians. (L. ’23, p. 238, sec. 1; 
R. C. S., sec. 4683*; P. C., sec. 4730d.*) 

1. Pupils cannot be excused from the courses provided for in this section by 
reason of participation in privately conducted courses in directed athletics and gym¬ 
nastics. The phrase “directed athletics” as used herein means athletics in those in¬ 
stitutions mentioned in the prior portion of the statute. (Atty. Gen. Ops., 1919-20, p. 
181.) 



38 


Code of Public Instruction 


22. State board shall direct and enforce instruction 

The state board of education shall, on or before August 1, 1919, prepare 
said courses of instruction in physical education, and shall direct and enforce 
the instruction in such courses throughout the state, with; the assistance of the 
school officials, principals, county superintendents, boards of directors of the 
public schools, boards of trustees of the state normal schools, and boards of 
regents of the university of Washington, and of the state college of Washington. 
(L. T9, p. 205, sec. 3; R. C. S., sec. 4684; P. C., sec. 4730e.) 

23. Teachers shall be furnished with copies of course 

Prior to September 1, 1919, the state superintendent of public instruction 
shall cause to be printed and distributed to school officials, principals, county 
superintendents, boards of directors of public schools, boards of trustees of the 
state normal schools, and boards of regents of the university of Washington, of 
the state college of Washington, a sufficient number of copies of said courses, to 
supply all teachers in the state concerned in the enforcement of the provisions 
of this act, and shall cause any revision or revisions of said courses to be printed 
and distributed in like manner. (L. T9, p. 206, sec. 4; R. C. S., sec. 4685; P. C., 
sec. 4730f.) 

1. By universal custom and usage the supervision of playground activities is 
included in the teaching, government and conduct of school. A teacher may be required 
to devote a reasonable amount of time to playground supervision as part of her duty 
as a teacher, without special provision in her contract, and without extra compensation. 
(Supt. Pub. Instr., Oct. 25, 2 921.) 

24. Who shall enforce 

It shall be the duty of school officials, principals, county superintendents, 
boards of directors of public schools, boards of trustees of the state normal 
schools, and boards of regents of the university of Washington, and of the state 
college of Washington, to direct and enforce said courses in physical education, 
or any revision or revisions thereof, as may be prescribed by the state board of 
education. (L. T9, p. 206, sec. 5; R. C. S., sec. 4686; P. C., sec. 4730g.) 

25. Vivisection 

No teacher or other person employed in any school in the state of Washing¬ 
ton, except a medical or dental school, the medical or dental department of any 
school, shall practice vivisection upon any vertebrate animal in the presence of 
any pupil in said school, or any child or minor there present; nor in such 
presence shall exhibit any vetebrate animal upon which vivisection has been 
practiced. (L. ’97, p. 16, sec. 1; L. ’97, p. 426, sec. 178; R. C. S., sec. 5061; P. C., 
sec. 5206.) 

Cross-references: State humane bureau created, sec. 11 ; kindness to animals to be 
taught in the public schools, sec. 247. 

26. Dissection permitted, when 

Dissection of dead animals, or any portion thereof, in the schools of the 
state of Washington shall, in no instance, be for the purpose of exhibition, but 
in every case shall be confined to the classroom and the presence of those pupils 
engaged in the study to be illustrated by such dissection. (L. ’97, p. 17, sec. 2* 
L. ’97, p. 426, sec. 179; R. C. S., sec. 5062; P. C., sec. 5207.) 

27. Violating* vivisection law 

Any person violating the provisions of the last two sections, shall upon con¬ 
viction thereof, be deemed guilty of a misdemeanor, and be fined in any sum 
of not less than fifty nor more than one hundred dollars. Said fine, when col¬ 
lected, shall be turned over to the county treasurer, and by him transmitted to 
the state treasurer, who shall place the same to the credit of the current school 
fund of the state. (L. ’03, p. 329, sec. 15; R. C. S., sec. 5063; P. C., sec. 5209.) 

28. Doors of school buildings 

The doors of all theaters, opera houses, school buildings, churches, public 
halls, or places used for public entertainments, exhibitions or meetings, which 
are used exclusively or in part for admission to or egress from the same, or 





State of Washington 


39 


any part thereof, shall be so hung and arranged as to open outwardly, and 
during any exhibition, entertainment or meeting, shall be kept unlocked and 
unfastened, and in such condition that in case of danger or necessity, imme¬ 
diate escape from such building shall not be prevented or delayed; and every 
agent or lessee of any such building who shall rent the same or allow it to be 
used for any of the aforesaid public purposes without having the doors thereof 
hung and arranged as hereinbefore provided, shall, for each violation of any 
provision of this section, be guilty of a misdemeanor. (L. ’09, p. 974, sec. 273; 
R. C. S., sec. 2525; P. O., sec. 8846.) 

Cross-references: Districts of the third class required to obtain approval of build¬ 
ing plans by county superintendent, secs. 442 and 747. 

29. Fire drills twice each month 

It shall he the duty of the principal or other person in charge of every 
public or private school or educational institution within the state, to instruct 
and train the pupils by means of drills, so that they may in a sudden emergency 
be able to leave the school building in the shortest possible time and without 
confusion or panic. Such drills or rapid dismissals shall be held at least twice in 
each month. (L. ’09, p. 386, sec. 1; R. C. S., sec. 5106; P. C., sec. 4885.) 

1. A fire escape ladder nine feet from the ground installed on a school building 
pursuant to an ordinance and by direction of the fire department, is not such a negli¬ 
gently maintained nuisance attractive to children as to render the school district liable 
for injuries sustained in a fall, though it could be reached by a twelve-year-old boy 
standing on a fence. Heva v. School District No. 1, 110 Wash. 668. 

2. The law requiring fire drills in schools does not apply to the state institutions 
at Chehalis, Monroe, Vancouver and Medical Lake. (Atty. Gen. Ops., 1911-12, p. 197.) 

30. Penalty 

Neglect by any principal or other person in charge of any public or private 
school or educational institution to comply with the provisions of this act 
shall be a misdemeanor, punishable at the discretion of the court by a fine not 
exceeding fifty ($50.00) dollars. Such fine to be paid to the county treasurer for 
the benefit of said school district. (L. ’09, p. 386, sec. 2; R. C. S., sec. 5107; P. 
C., sec. 4886.) 

31. Duty to publish 

It shall be the duty of the board of directors or other body having control 
of the schools in any town or city to cause a copy of this act to be printed in the 
manual or handbook prepared for the guidance of teachers, where such manual 
or handbook is in use or may hereafter come into use. It shall be the duty of 
the superintendent of public instruction to cause a copy of this act to be pub¬ 
lished in the Washington state manual. (L. ’09, p. 386, sec. 3; R. C. S., sec. 
5108; P. C., sec. 4887.) 

32. Colleges and universities excepted 

The provisions of this act shall not apply to colleges or universities. (L. 
’09, p. 386, sec. 4; R. C. S., sec. 5109; P. C., sec. 4888.) 



40 


Code of Public Instruction 


PART II—HIGHER AND SPECIAX. INSTITUTIONS OF EDUCATION 
CHAPTER 1—HIGHER INSTITUTIONS—IN GENERAL 

33. Joint board of higher curricula. 

34. Definition of terms. 

35. Funds created. 

36. Where paid. 

37. Purpose. 

38. Centralia normal school fund. 

39. Annual levy for higher institutions. 

40. Tax levy for Centralia normal school. 

41. Major line defined. 

42. Graduate work, when authorized. 

43. Exclusive major lines, state university. 

44. Exclusive major lines, Washington state college. 

45. Medicine, where taught. 

46. Agriculture, where taught. 

47. Elementary science continued. 

48. Joint major lines. 

49. Elementary teachers, where trained. 

50. Entrance requirements. 

51. Two thousand feet from institution. 

52. Penalty. 

53. Application for Carnegie fund authorized. 

33. Joint board of higher curricula 

There is hereby established a joint board of higher curricula composed of 
seven members, namely, the president of the university of Washington, the 
president of the state college of Washington, the president of one of the state 
normal schools to be selected by the presidents of the state normal schools and 
four citizens of the state of Washington who are in no way connected with the 
institutions of higher learning, to be appointed by the governor. The selected 
members of the joint board shall hold office for two years and shall serve until 
their successors are selected. (L. ’21, p. 227, sec. 1; R. C. S., sec. 4543.) 

Note.— By the amendment of 1921 the board of higher curricula was left without 
prescribed statutory duties and powers. (Atty. Gen. Ops., 1921-22, p. 125.) 

Cross-reference: Board of higher curricula to recommend changes in tax levy for 
higher institutions, sec. 39. 

34. Definition of terms 

The terms “state institutions of higher education” as used in this act shall 
include the university of Washington, the Washington state college, the state 
normal school at Cheney, the state normal school at Ellensburg, and the state 
normal school at Bellingham. (L. ’ll, p. 340, sec. 1; R. C. S., sec. 5528; P. C., 
sec. 4750.) 

35. Funds created 

There is hereby created a fund to be known as the “university fund”; a fund 
to be known as the “Washington state college fund”; a fund to be known as the 
“Cheney normal school fund”; a fund to be known as the “Ellensburg normal 
school fund”; and a fund to be known as the “Bellingham normal school fund.” 
(L. ’ll, p. 340, sec. 2; R. C. S., sec. 5529; P. C., sec. 4751.) 

Cross-reference: Centralia nQrmal school fund created, sec. 38. 

36. Wit ere paid 

All moneys arising from the tax herein directed to be levied for the said 
several institutions of higher education shall be paid into the respective funds 
hereby created. (L. ’ll, p. 340, sec. 3; R. C. S., sec. 5530; P. C., sec. 4752.) 

37. Purpose 

All sums of money produced by said tax shall be placed in said several 
funds and hereby set apart for the use of the several institution^ herein pro- 




State of Washington 


41 


vided for, for the purpose of maintenance, repairs and construction of buildings, 
and equipment thereof. (L. ’ll, p. 341, sec. 5; R. C. S., sec. 5532; P. C., sec. 
4754.) 

38. Centralia normal school fund 

There is hereby created a fund to be known as the “Centralia normal school 
fund,” all sums of money produced by the tax provided for in this act and all 
bequests, gifts or gratuities made to said school shall be placed in said fund, 
and are hereby set apart for the use of said school for the purpose of mainte¬ 
nance, repairs, and construction of buildings and equipment therefor. (L. ’19, 
p. 411, sec. 5; R. C. S., sec. 5533; P. C., sec. 4820c.) 

39. Tax levy 

The state board of equalization shall, beginning the fiscal year, 1921, and 
annually thereafter, at the time of levying taxes for state purposes, levy upon 
all property subject to taxation, a tax of one and ten one-hundredths of one mill 
(1.10) for the state university fund; sixty-seven one-hundredths of one mill (.67) 
for the state college fund; twenty one-hundredths of one mill (.20) for the 
Bellingham normal school fund; fifteen and nine-tenths hundredths of one mill 
(.159) for the Cheney normal school fund; and twelve one-hundredths of one 
mill (.12) for the Ellensburg normal school fund. 

It shall be the duty of the joint board of higher curricula in the report 
to be made next preceding the convening of the legislature in 1925 to recom¬ 
mend any changes in levy herein provided for which the said board may deem 
necessary or proper, and to give their specific grounds and reasons therefor, for 
the purpose of having the levy herein provided for readjusted by the legislature 
of 1925. (L. ’21, p. 528, sec. 1; R. C. S., sec. 5531; P. C., sec. 4754a.) 

40. Tax levy for Centralia normal school 

The state board of equalization shall at its regular meeting in the year 
1921, and annually thereafter, at the time of levying taxes for state purposes, 
levy upon all property subject to taxation a tax of ten one-hundredths (10/100) 
of a mill for the Centralia normal school fund. (L. ’19, p. 411, sec. 6; R. C. S., 
sec. 5534; P. C., sec. 4820d.) 

41. Major line defined 

The term “major line,” whenever used in this act, shall be held and con¬ 
strued to mean the development of the work or courses of study in certain 
subjects to their fullest extent, leading to a degree or degrees in that subject. 
(L. ’17, p. 34, sec. 1; R. C. S., sec. 4532; P. C., sec. 4734.) 

42. Graduate work—When authorized 

Whenever a course is authorized to be offered and taught by this act, in any 
of the institutions herein mentioned, as a major line, it shall carry with it the 
right to offer and teach graduate work in such major lines. (L. ’17, p. 35, sec. 
7; R. C. S., sec. 4538; P. C., sec. 4740.) 

43. Exclusive major lines—State University 

The courses of instruction of the university of Washington shall embrace 
as exclusive major lines, law, architecture, forestry, commerce, journalism, 
library economy, marine and aeronautic engineering, and fisheries. (L. ’17, p. 
34, sec. 2; R. C. S., sec. 4533; P. C., sec. 4735.) 

44. Exclusive major lines—Washington State College 

The courses of instruction of the state college of Washington shall embrace 
as exclusive major lines, agriculture in all its branches and subdivisions, veteri¬ 
nary medicine, and economic science in its application to agriculture and rural 
life. (L. ’17, p. 34, sec. 3; R. C. S., sec. 4534; P. C., sec. 4736.) 

45. Medicine—Where taught 

Work and instruction in medicine when introduced or developed shall be 
offered and taught at the university of Washington exclusively. (L. ’17, p. 35, 
sec. 5; R. C. S., sec. 4536; P. C., sec. 4738.) 





42 


Code of Public Instruction 


46. Agriculture—Where taught 

Work and instruction in agriculture in all its branches and subdivisions 
shall be offered and taught in the state college of Washington exclusively. (L. 
T7, p. 35, sec. 6; R. C. S., sec. 4537; P. C., sec. 4739.) 

47. Elementary science continued 

The work of the department of elementary science shall be continued and 
developed at the state college of Washington. (L. T7, p. 35, sec. 8; R. C. S., 
sec. 4539; P. C., sec. 4741.) 

48. Joint major lines 

The courses of instruction of both the university of Washington and the 
state college of Washington shall embrace as major lines, liberal arts, pure 
science, pharmacy, mining, civil engineering, electrical engineering, mechanical 
engineering, chemical engineering, home economics, and the professional train¬ 
ing of high school teachers, school supervisors and school superintendents. 
These major lines shall be offered and taught at said institutions only. (L. T7, 
p. 34, sec. 4; R. C. S., sec. 4535; P. C., sec. 4737.) 

1. The term “common schools’’ as used in sec. 162 with reference to the validity 
of the special normal school diploma and the advance special normal school diploma is 
used in its restrictive sense and does not include high schools. (Atty. Gen. Ops., 
1919-20, p. 125.) 

2. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school and tenth, eleventh and twelfth grades into 
a senior high school is inconsistent with numerous provisions of the school code. (Atty. 
Gen., Dec. 12. 1916.) 

3. The state board of education has no authority to grant temporary teachers’ 
certificates valid in the elementary schools to graduates of the university of Washing¬ 
ton and the state college of Washington and similar certificates valid in the high 
schools to graduates of the state normal schools. (Atty. Gen., Oct. 5, 1923.) 

4. The state board of education has no power to prescribe a short course of one 
quarter in the state normal schools which could be availed of only by graduates of the 
state university and state college to fit themselves for diplomas entitling them to teach 
in the elementary schools, or a similar short course in the university and state college 
for the special benefit of graduates of the state normal schools by the completion of 
which they would be entitled to teach in high schools. (Atty. Gen., Oct. 5, 1923.) 

49. Elementary teachers—Where trained 

The courses of instruction for the professional training of teachers for the 
elementary schools shall be offered and taught at the state normal schools only. 
(L. T7, p. 35, sec. 10; R. C. S., sec. 4541; P. C., sec. 4743.) 

1. This section must be construed in the light of sec. 164, subsequently enacted, 
providing for normal extension work, and so construed does not forbid extension work 
which in its nature cannot be “at” the location of the normal school in the strictest 
meaning of the term “at.” (Atty. Gen. Ops.. 1919-20. p. 95.) 

2. Chapter 10, Laws of 1917. takes from the regents of the university of Wash¬ 
ington the power to grant normal diplomas entitling the holder thereof to teach in the 
elementary schools of the state. But such act does not prevent the issuance of a life 
diploma as evidence of the completion of the course prescribed for such diploma. This 
rule does not apply to one who has completed the course before the taking effect of the 
act, and who, because of the requirements as to teaching experience, cannot take a 
diploma before this act becomes effective. (Atty. Gen., Apr. 27, 1917.) 

3. The state board of education has no power to prescribe a short course of one 
quarter in the state normal schools which could be availed of only bv graduates of the 
state university and state college to fit themselves for diplomas entitling them to teach 
in eleme^tarv schools, or a similar short course in the university and state college 
for the special benefit of graduates of the state normal schools by the completion of 
which they would be entitled to teach in high schools. (Atty. Gen., Oct. 5, 1923.) 

4. The state board of education has no authority to grant temporary teachers’ 
certificates valid in the elementary schools to graduates of the university of Wash¬ 
ington and the state college of Washington and similar certificates valid "in the high 
schools to graduates of the state normal schools. (Atty. Gen., Oct. 5, 1923.) 

50. Entrance requirements 

Requirements for entrance to the university of Washington, the state college 
of Washington, and the state normal schools of Washington, shall not be less 
than graduation from a four-year accredited high school except for persons 
twenty-one years of age or over and except for students in the elementary 
science departments of the state college of Washington. This requirement may 




State of Washington 


43 


be waived as to summer school, short courses or extension work. (L. ’17, p. 35, 
sec. 9; R. C. S., sec. 4540; P. C., sec. 4742.) 

Cross-reference: Powers of state board of education with reference to entrance 
requirements, sec. 17, subd. 1. 

51. Two thousand feet from institution 

That it shall be unlawful to sell or in any way dispose of any vinous, 
spirituous, malt or other intoxicating liquors, with or without a license, within 
two thousand (2,000) feet of any normal school, agricultural college, reform 
school, or state school for defective youth, now established or which may here¬ 
after be legally established within the state of Washington: Provided , That 
nothing in this act shall be construed to affect in any way the provisions of 
“An act prohibiting the sale of intoxicating liquors on or near the grounds of 
the university of Washington,” approved March 19, 1895. (L. ’09, p. 376, sec. 1; 

R. C. S., sec. 5102; P. C., sec. 5273.) 

Cross-reference: Sale of liquor on or near university grounds prohibited, sec. 64. 

1. This also includes sale by druggists within the restricted district, as exceptions 
cannot be made by construction where the language is plain and unequivocal: State 
v. Pomeroy , 68 Wash. 389. 

52. Penalty 

Any person or persons violating the provisions of this act shall be deemed 
guilty of a misdemeanor and upon conviction thereof in any court of competent 
jurisdiction shall be punished by a fine of not less than two hundred (200) 
dollars, nor more than one thousand (1,000) dollars, or by both such fine and 
imprisonment. (L. ’09, p. 376, sec. 2; R. C. S., sec. 5103; P. C., sec. 5274.) 

53. Application for Carnegie fund authorized 

The board of regents of the university of Washington and the board of 
regents of the state college of Washington are authorized to apply for participa¬ 
tion by the said university and state college of Washington in the fund of the 
Carnegie foundation for the advancement of teaching, and from time to time to 
make application for allowances for such persons as may be eligible to receive 
the same under the rules laid down by the board of trustees of the Carnegie 
foundation for the advancement of teaching. (L. ’09, p. 53, sec. 1; R. C. S., sec. 
4856; P. C., sec. 5052.) 


CHAPTER 2—UNIVERSITY OF WASHINGTON 

54. Designation. 

55. Board of regents—term of office. 

56. Organization of board—meetings. 

.57. Secretary, treasurer and librarian—appointment. 

58. Faculty. 

59. Attorney general legal advisor. 

60. Powers and duties of regents. 

61. Erection of buildings. 

62. Mechanics and employes. 

63. Authority of regents to expend income. 

64. Unlawful to sell intoxicating liquors on university grounds. 

65. Penalty. 

66. Non-sectarian. 

67. Games of chance prohibited near university. 

68. Definition of terms. 

69. Penalty. 

70. State university permanent fund. 

71. State university current fund. 

72. Building fund. 

73. Rentals. 

74. Old site—lease or disposition restricted. 

75. Tuition fees. 

76. Disposition of fees. 

77. Revolving fund. 




44 


Code of Public Instruction 


78. Refunds. 

79. Exemptions. 

80. Extension of credit. 

81. Student activities, not affected. 

82. Appropriation from university fund. 

83. Bonds authorized. 

84. Disbursement of funds. 

85. Forest experiment station—exchange of lands. 

86. Aim and purpose. 

87. Courses of study—entrance requirements. 

88. Museum. 

89. Officials shall collect materials. 

90. Private persons may contribute. 

91. Regents have charge. 

92. Marine biological preserve. 

93. Custody in university. 

94. Penalty. 

54. Establishment of 

The state university, as heretofore located and established in the city of 
Seattle, county of King, shall be designated and named the university of Wash¬ 
ington. (L. ’09, p. 238, sec. 1; R. C. S., sec. 4544; P. C., sec. 4755.) 

55. Board of regents—Term of office 

The government of the university of Washington shall be vested in a board 
of regents to consist of seven members, who shall be appointed by the governor 
of the state, by and with the advice and consent of the senate, and who shall 
hold their offices respectively for a term of six years from the second Monday 
in March next succeeding their appointment and until their successors shall be 
appointed and shall qualify: Provided , That regents now serving upon such 
board shall continue as such during the terms for which they were respectively 
appointed. Four members of said board shall constitute a quorum for the 
transaction of business. Whenever there shall be a vacancy in the said board 
of regents, from any cause whatever, it shall be the duty of the governor to fill 
such office by appointment, and the person or persons so appointed shall con¬ 
tinue in office until the close of the legislature next thereafter, or until others 
are appointed and qualified in their stead. Each regent before entering upon 
the duties of his office must qualify by taking the usual oath of office before 
some officer authorized by law to administer the same and file a copy of said 
oath with the secretary of state. (L. ’09, p. 239, sec. 3; R. C. S., sec. 4554; P. C., 
sec. 4757.) 

1. Members of the board of regents of the university may be removed by the 
governor for misconduct or malfeasance in the manner provided by Remington’s Com¬ 
piled Statutes, secs. 10988-10990, Pierce’s Code, secs. 6650-52. (Atty. Gen. Ops., 1897-98, 
p. 124.) 

56. Organization of board—Meetings 

The board shall organize by electing from its membership a president and 
an executive committee, of which committee the president shall be ex-officio 
chairman. The board shall hold regular quarterly meetings, and during the 
interim between such meetings the executive committee may transact business 
for the whole board: Provided, That the executive committee may call special 
meetings of the whole board when such action is deemed necessary. (L. ’09, 
p. 240, sec. 4; R. C. S., sec. 4555; P. C., sec. 4758.) 

57. Secretary, treasurer and librarian—Appointment 

The regents shall appoint a secretary, a treasurer and librarian, who shall 
hold their respective offices during the pleasure of the board. It shall be the 
duty of the secretary to record all proceedings of the board and carefully pre¬ 
serve the same, and all the books and papers. The treasurer shall keep a true 
and faithful account of all moneys received and paid out by him, and shall give 
bonds for the faithful performance of the duties of his office in such amount as 




State of Washington 


45 


the regents may require. (L. ’90, p. 396, sec. 6; R. C. S., sec. 4556: P C., sec. 
4780.) 

Cross-reference: Duty of the state treasurer to draw warrants in favor of treas¬ 
urer of the board, when, sec. 84. 

58. Faculty 

The faculty of the university of Washington shall consist of the president 
and the professors, and the said faculty shall have charge of the immediate gov¬ 
ernment of the institution under such rules as may be prescribed by the board 
of regents. (L. ’09, p. 241, sec. 6; R. C. S., sec. 4558; P. C., sec. 4760.) 

59. Attorney general legal advisor 

The attorney general of the state shall be the legal advisor of the president 
and the board of regents of the university, and he shall institute and prosecute 
or defend all suits in behalf of the same. (L. ’09, p. 242, sec. 8; R. C. S., sec. 
4560; P. C., sec. 4762.) 

60. Powers and duties of regents 

The board of regents may adopt by-laws or rules and regulations for its 
own government. The powers and duties of the board of regents are as follows: 

First. The said board shall have full control of the university and its prop¬ 
erty of various kinds, and shall employ the president, members of the faculty, 
assistants and employes of the institution, who shall hold their position during 
the pleasure of said board of regents. 

Second. It shall be the duty of the board of regents, with the assistance of 
the faculty of the university, to prescribe the course of study in the various 
departments of the institution and to publish the annual catalogue. 

Third. The said board shall grant to every student, upon graduation, a 
suitable diploma or degree, such student having been recommended for such 
honor by the faculty. The board shall also have power, upon recommendation 
of the faculty, to confer the usual honorary degrees upon other persons than 
graduates of this university in recognition of their learning or devotion to liter¬ 
ature, art or science; but no degree shall ever be conferred in consideration of 
the payment of money or other valuable thing. The said board is also em¬ 
powered, upon recommendation of the faculty, to grant normal diplomas, which 
shall entitle the holder to teach in any public school in the state for a period of 
five years; and to grant university life diplomas to candidates who shall give 
satisfactory evidence of having taught successfully for twenty-four months: 
Provided, That all candidates for the normal diploma and life diploma shall 
have satisfactorily completed not less than twelve semester hours in the depart¬ 
ment of education. 

Fourth. The board of regents is authorized to receive such bequests and 
gratuities as may be granted to the said university and to invest or expend the 
same according to the terms of said bequests or gratuities. The said board shall 
adopt proper rules to govern and protect the receipt and expenditure of the pro¬ 
ceeds of all fees, bequests or gratuities, and shall make full report of the same 
in the customary biennial report to the governor, or more frequently, if re¬ 
quired by law. 

Fifth. The board of regents is authorized and empowered to give and 
execute, on behalf of the state of Washington, the bonds and other papers re¬ 
quired by the war department for the safe keeping of the arms and equipments 
loaned by the United States to the university of Washington. 

Sixth. The board of regents shall transmit, on the first day of January 
preceding each regular session of the legislature, to the governor, a printed 
report of all the doings since their last report, not exceeding three hundred in 
number, giving full information of the receipt and expenditure of money, fur¬ 
nish an estimate of the needs of the institution, and give such information as 
will be helpful to the state authorities in providing for the said institution. 

Seventh. The members of said board of regents shall serve without com¬ 
pensation. Each regent, however, shall be paid his actual traveling expenses in 
going to and coming from any meeting of said board, and such claims for ex¬ 
penses shall be audited on vouchers issued by the president and secretary of 




46 


Code of Public Instruction 


said board the same as any other claims are audited. (L. ’09, p. 240, sec. 5; 
R. C. S., sec. 4557; P. C., sec. 4759.) 

Notes on subdivision 1 

Cross-references: Regents to have charge and management of state museum, 
sec. 91. 

1. A thirty-foot strip off the state university grounds may be condemned for a 
street, and it cannot be objected that it is already devoted to a public use, where there 
is nothing in the record to indicate that it was actually used by the university, and 
the record shows that the land remaining will be benefited thereby : Roberts v. Seattle, 
63 Wash. 573. 

2. University lands situated apart from the university site and not necessary to 
present uses of the institution or to its regents in performance of their functions are 
public lands subject to control and disposal of the state land commissioners rather 
than of the regents: State v. Hewitt Land Co., 74 Wash. 573. 

Notes on subdivision 2 

• Cross-references: Courses of study for department of education of the university 
to be approved by the state board of education, sec. 17, subd. 2 ; exclusive major lines, 
sec. 43 ; joint major lines, sec. 48 ; scope of instruction, secs. 86, 87. 

Notes on subdivision 3 

Cross-references: Courses for department of education to be approved by state 
board, sec. 17, subd. 2; classes of teachers and school executives to be trained at the 
university, sec. 48; certificates issued by the university included in classification of 
certificates and diplomas issued by authority of this state, sec. 297. 

3. The certification of qualification of teachers of “higher and special institutions” 
not being required under that portion of Laws of 1897, title IV, page 427 (see sec. 289), 
devoted to such institutions, but it being the evident intent of the law that such 
certification shall apply only to teachers under the common school system, one would 
not be incapable of entering into a contract to teach in one of the normal schools of 
the state by reason of not holding a teacher’s certificate: MacKenzie v. State, 32 
Wash. 657. 

4. The regents of the university have authority to charge a fee of five dollars as 
a prerequisite to the granting of a diploma, to defray expenses incidental to issuing 
diplomas. (Atty. Gen. Ops., 1903-4, p. 253.) 

5. The superintendent of public instruction, under sec. 449, has the right to 
revoke any class of certificates or diplomas, including those of the normal department 
of the state university, for non-attendance of the teacher at teachers’ institutes. In 
all other instances, under the provisions of sec. 307, the regents of the state university 
would have the sole power of revocation of normal diplomas granted by the state 
university. (Atty. Gen. Ops., 1905-6, p. 191.) 

6. Sec. 49 deprives the regents of the power to grant diplomas entitling the 
holders thereof to teach in the elementary schools. There is nothing in the act which 
would prohibit the granting of a normal diploma or a life diploma to a student who 
has completed the work of the institution, but such a diploma granted after the taking 
effect of that section would not operate to confer upon the holder the right to teach in 
the elementary schools of the state. If a student had completed the full course of 
study required by the university but was not granted a diploma before the taking 
effect of that section because of the necessity of compliance with some other require¬ 
ment of the regents, such as successful teaching experience, the diploma when issued 
would entitle him to teach in the elementary schools. (Atty. Gen., Apr. 27, 1917.) 

7. The university of Washington and state college of Washington cannot grant 
diplomas to teach in the elementary schools of the state and cannot be accredited by 
the state board of education under the provisions of sec. 17 ; so the superintendent 
of public instruction has no power to grant certificates, with or without examination, 
to persons who have the requisite attendance at such institutions to their credit.’ 
(Atty. Gen., May 11, 1923.) 

8. The code is silent with regard to the particular kind of teaching experience 
required of a candidate for a university life diploma, as provided for in subd. 3, and 
so long as the general provision in the statute is not limited by any by-law, satisfac¬ 
tory evidence of successful teaching in any institution must be'accepted. (Supt. Pub. 
Tnstr.. June 3. 1914.) 

Notes on subd I vision 4 

Cross-references: Custody and expenditure of fees, secs. 76, 77 ; prior enactment 
providing for election of treasurer by board of regents, sec. 99. 

Notes on subdivision 5 

Cross-reference: Instruction in military science to be provided, sec. 86. 

Notes on subdivision 6 

Cross-reference: Biennial report of state superintendent to contain reports of all 
state educational institutions or such portions as he may think advisable, sec. 6 
subd. 2. 

61. Erection of buildings 

It shall be the duty of the board of regents herein provided for, as soon 
after their organization as practicable, and as soon as there shall be an appro¬ 
priation therefor in the hands of the state treasurer in any amount sufficient 
to warrant the beginning the erection of the several buildings herein provided 




State of Washington 


47 


for, or any wing or section of the same, to enter into contracts with one or 
more contractors for the erection and construction of such suitable buildings 
and improvements for the institution created by this chapter as in their judg¬ 
ment shall be deemed best, or the funds aforesaid shall warrant, all things con¬ 
sidered; such contract or contracts to be let after open public notice and com¬ 
petition under such regulations as shall be established by said board to the 
person or persons who offer to execute such work on the most advantageous 
terms: Provided, That in all cases said board shall require from contractors 
a good and sufficient bond for the faithful performance of the work, and the 
full protection of the state against mechanics’ and other liens: And provided 
further, That the board shall not have the power to enter into any contract for 
the erection of any buildings or improvements which shall bind said board to 
pay out any sum of money in excess of the amount provided for said purpose. 
(L. ’09, p. 242, sec. 9; R. C. S., sec. 4562; P. C., sec. 4763.) 

Cross-references: Disbursements of funds for erection of buildings, sec. 84 ; act 
relating to contractors’ bonds, sec. 624 et seq. 

1. A surety upon a subcontractor’s bond for the faithful performance of a state 
contract and full protection to the state against mechanics’ liens and other claims, 
under sec. 61, is liable for claims duly filed with the state board for materials fur¬ 
nished prior to default, the fairness of which was not questioned, although they had 
not yet been paid: Finne v. Maryland Casualty Co., 102 Wash. 651. 

62. Mechanics and employes 

The board provided for in this chapter shall have power in their discretion 
to employ skilled architects and superintendents to prepare plans and specifica¬ 
tions, and to supervise the construction of any of the buildings provided for in 
this chapter, and to fix the compensation for such services subject to the pro¬ 
visions and restrictions of this act. (L. ’09, p. 242, sec. 10; R. C. S., sec. 4563; 
P. C., sec. 4764.) 

63. Authority of regents to expend income 

The board of regents is authorized to expend such portion of the income' 
of the university fund as it may deem expedient for the purchase of apparatus, 
library and cabinets of natural history, providing suitable means to keep and : 
preserve the same, and in the procurement of other means of facility for in¬ 
struction. (L. ’90, p. 397, sec. 8; R. C. S., sec. 4561; P. C., sec. 4781.) 

Cross-reference: University museum, sec. 88. 

64. Unlawful to sell intoxicating liquors on university grounds 

It shall be unlawful to sell any intoxicating liquors, with or without license, 
on the grounds of the university of Washington, or within two miles thereof, 
excepting south half of section 22, township 25, range 4 east, and any license- 
granted for the sale of such intoxicating liquors within said area shall be void- 
Said grounds of the university of Washington are otherwise known and de¬ 
scribed as follows: Fractional section 16, township 25 north, range 4, east of 
Willamette meridian. (L. ’95, p. 134, sec. 1; R. C. S., sec. 5100; P. C., sec. 3196.) 

65. Penalty 

Any person or persons violating the provisions of the last preceding section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof in any 
court of competent jurisdiction shall be punished by a fine of not less than 
one hundred nor more than one thousand dollars, or by imprisonment in the 
county jail for a term not less than six months nor more than one year, or by 
both such fine and imprisonment. (L. ’95, p. 134, sec. 2; R. C. S., sec. 5103; P. 
C., sec. 3196-1.) 


66. Non-sectarian 

The university of Washington shall never be under the control of any re^ 
ligious or sectarian denomination or society whatever. (L. ’09, p. 242, sec. 7; 
R. C. S., sec. 4559; P. C., sec. 4761.) 



48 


Code of Public Instruction 


67. Games of chance prohibited near university 

It shall be unlawful for any person to keep, maintain, conduct, or carry on. 
for hire, any game of pool, billiards, cards, punch board, dice, or other game of 
skill or chance, on or within one mile of the grounds of the university of Wash¬ 
ington, otherwise known as fractional section 16 in township 25, north of range 
4 east of the Willamette meridian. (L. ’23, p. 47, sec. 1.) 

68. Definition of terms 

The phrase “to keep, maintain, conduct, or carry on, for hire, any game,” 
as used in this act, shall be held and construed to mean and include charging, 
accepting or receiving any money, consideration, compensation, reward or thing 
of value for the privilege of playing any such game, or the granting of the 
privilege of playing such game in consideration of the purchase of any article 
or thing. (L. '23, p. 48, sec. 2.) 

69. Penalty 

Every person violating any provision of this act shall be guilty of a mis¬ 
demeanor. (L. '23, p. 48, sec. 3.) 

70. State university permanent fund 

There is hereby created in the state treasury a permanent and irreducible 
fund to be known as the “state university permanent fund,” into which fund 
shall be paid all moneys now in the state treasury in either the “university of 
Washington fund,” the “university fund,” or the “state university fund,” and 
into which shall also be paid all moneys derived from the sales of lands granted, 
held or devoted to state university purposes. (L. '07, p. 394, sec. 1; R. C. S., 
sec. 5518; P. C., sec. 4766.) 

Cross-reference: Portion of tuition fees to be credited to the "university of 
Washington fund,” sec. 76. 

1. As to authority of the university board of land and building commissioners to 
draw upon an appropriation for the maintenance of the university, see State ex rel. 
Pub. Co. v. Lindsley, 3 Wash. 125. 

2. Laws '03, p. 137, sec. 1, and Laws '93, p. 299, sec. 9, assigning and directing 
the selection of 100,000 acres of state lands for the support of the state university, 
are not unconstitutional on the theory that inasmuch as sec. 14 of the enabling act 
makes a special appropriation of 42,080 acres for the university, the intent was to 
exclude it from the benefits of sec. 17, granting 200,000 acres for “state, charitable, 
educational and reformatory institutions” ; since no educational institution is excluded 
from the benefits of said grant, and the amount that may be appropriated therefrom 
to the use of any one institution is a question of public policy, to be determined 
exclusively by the legislature: State ex rel. Moore v. Callvert, 34 Wash. 58. 

3. University lands situated apart from the university site and not necessary to 
present uses of the institution or to its regents in performance of their functions are 
public lands subject to control and disposal of the state land commissioners rather 
than of the regents: State v. Hewitt Land Co., 74 Wash. 573. 

4. The proceeds of sales of land received under the enabling act for university 
purposes constitute a permanent fund which the legislature is powerless to expend. 
It is only the income thereof that can be used. (Atty. Gen. Ops., 1905-6, p. 366.) 

71. State university current fund 

There is hereby created in the state treasury a fund to be known as the 
“state university current fund,” into which shall be paid all the interest and 
earnings of the state university permanent fund, and the rentals of all lands 
granted held or devoted to state university purposes, and which shall be sub¬ 
jected to appropriation for state university purposes. (L. '07, p. 394, sec. 2; 
R. C. S., sec. 5519; P. C., sec. 4767.) 

72. Building fund 

There is hereby created in the state treasury a fund which shall be known 
and designated as the “university of Washington building fund.” (L. '15, p. 
239, sec. 1; R. C. S., sec. 5535; P. C., sec. 4768.) 

Cross-reference: Portion of tuition fees to be credited to building fund, sec. 76. 

73. Rentals 

On and after March 1, 1916, all rentals received on account of that certain 
lease of the former university site in the city of Seattle, known as the “old 






State of Washington 


49 


university grounds,” made and entered into on the first day of February, 1907, 
by and between the state of Washington, lessor, and James A. Moore, lessee, 
and thereafter assigned by said lessee to the Metropolitan Building Company, 
a corporation, shall be paid into and credited to said “university of Washing¬ 
ton building fund,” to be used exclusively for the purposes mentioned in section 
3 of this act. (L. ’15, p. 241, sec. 7; R. C. S., sec. 5536; P. C., sec. 4774.) 

1. The authority vested in the board of regents, Laws 1893, p. 293, to sell the 
state university site in Seattle, which had been originally donated for university pur¬ 
poses, and apply the proceeds of the sale to the purchase and construction of a new 
site and building, was not abrogated by Laws 1893, p. 387, sec. 5, so as to invest power 
of sale in the state land commissioners: Callvert v. Windsor , 26 Wash. 368. 

2. There are no restrictions to the disposition of proceeds arising from the sale 
of the old university site and it W'as within the province of the legislature of 1893 to 
provide that the proceeds of the first sales thereof should be turned into the general 
fund of the state to reimburse that fund for $150,000, appropriated therefrom. (Atty. 
Gen. Ops., 1905-6, p. 366.) 

74. Old sit©—Lease or disposition restricted 

The board of regents of the university of Washington shall not sell, lease, 
re-lease or make any other disposition of, or extend or modify the present lease 
upon, that certain tract of land in the city of Seattle, commonly known as the 
“old university grounds,” or any part thereof, unless and until authorized and 
empowered so to do by statute enacted by the legislature, and any contract of 
sale, lease or re-lease, or contract extending or modifying the present lease of 
said tract of land, made or attempted to be made by said board of regents shall 
be null and void unless and until the same has been approved, confirmed and 
ratified by statute enacted by the legislature. (L. ’23, p. 106. sec. 1.) 

75. Tuition fees 

The university of Washington shall charge to and collect from each of the 
students registering therein the following fees: (a) A general tuition fee of 
fifteen dollars ($15.00) per quarter from each person domiciled in this state or 
the territory of Alaska for the period of one year prior to registration, and fifty 
dollars ($50.00) each per quarter from all others, (b) Special tuition fees to 
include fees for summer session, short courses, marine station work, corre¬ 
spondence or extension courses, individual instruction fees and such other 
special tuition fees as may be established by the board of regents of the univer¬ 
sity from time to time, (c) A library fee of ten dollars ($10.00) per quarter for 
law, for each student registered in law, for the law library, (d) Student deposit, 
disciplinary, laboratory, library, gymnasium, hospital or health fees, and such 
other fees as may be established by the board of regents from time to time, the 
fees mentioned in this subdivision to be deposited or paid by each student re¬ 
quired to deposit or pay same under rules to be prescribed by said board. (L. 
’21, p. 499, sec. 1; R. C. S., sec. 4546; P. C., sec. 4769.) 

1. Sec. 72 et seq., providing for entrance and tuition fees to be charged to stu¬ 
dents of the university of Washington, is a valid exercise of legislative authority not¬ 
withstanding the fact that at the time of its enactment such fees were not charged to 
students of the state college of Washington: Litchman v. Shannon, 90 Wash. 186. 

2. Sec. 72 et seq., providing for entrance and tuition fees to be charged to stu¬ 
dents of the university of Washington is a valid exercise of legislative authority ; as 
it is not forbidden by Const., art. 26, sec. 4, requiring the establishment of systems of 
public schools free from sectarian control and “open to all children of the state”; 
art. 9, sec. 1, requiring ample provision for the education of all resident children, with¬ 
out distinction or preference; or art. 9, sec. 2, providing for a general and uniform 
system of public schools, to include common schools and such high schools, normal 
schools and technical schools as may hereafter be established: Litchman et al. v. 
Shannon, 90 Wash. 186. 

3. The regents of the university have authority to charge a fee of five dollars as 
a prerequisite to the granting of a diploma, to defray expenses incidental to issuing 
diplomas. (Atty. Gen. Ops., 1903-4, p. 253.) 

4. The word “resided” as used in sec. 113 relating to fees at the state college 
means domiciled and the question of domicile rests to a large extent upon intent. A 
student who in registering gives as his address a home outside of the state should not 
be admitted without payment of the seventy-five dollar fee unless he can furnish evi¬ 
dence of change of residence. Mere temporary residence at the state college for educa¬ 
tional purposes unaccompanied by any intent on the part of the student to make 
Washington his place of residence would not exempt him from payment of the fee. 
The residence of a minor child is generally that of his parents. (Atty. Gen. Ops., 
1921-22, p. 90.) 






50 


Code of Public Instruction 


76. Disposition of fees 

All general tuition fees mentioned in subdivision (a) of section 75 shall, 
within thirty-five (35) days from the date of collection thereof, be paid into the 
state treasury and by the state treasurer shall be credited as follows: Ten dol¬ 
lars ($10.00) from each student to the “university of Washington building fund” 
and the balance to the “university of Washington fund.” The sum so credited 
to the “university of Washington building fund” shall be used exclusively for 
the purpose of erecting, altering, maintaining, equipping or furnishing buildings 
constructed under the act of March 15th, 1915, being chapter 66 of the Laws of 
1915 and the acts amendatory thereto. (L. ’21, p. 499, sec. 2; R. C. S., sec. 4547; 
P. C., sec. 4770.) 

77. Revolving' fund 

Said fees mentioned in subdivisions (b), (c) and (d) of section 75 shall be 
held by the said board of regents as a revolving fund and expended for the pur¬ 
poses for which collected, and be accounted for in accordance with the existing 
law. (L. ’21, p. 500, sec. 3; R. C. S., sec. 4548; P. C., sec. 4771.) 

78. Refunds 

The fees mentioned in subdivision (a) of section 75 are not returnable 
except in case of sickness or causes entirely beyond the control of the student. 
No portion of the returnable fees shall be returned for voluntary or enforced 
withdrawal after thirty (30) days from the date of registration of the student. 
Students withdrawing under discipline forfeit all rights to the return of any 
portion of the fee. In no case shall more than one-half of the fees be refunded. 
(L. ’21, p. 500, sec. 4; R. C. S.,. sec. 4549; P. C., sec. 4772.) 

79. Exemptions 

The board of regents may exempt the following classes of persons from the 
payment of the fees mentioned in subdivisions (a) and (b) of section 75 except 
for the individual instruction fees mentioned in said subdivision (b): (1) All 
honorably discharged service men or women who served in the military or naval 
service of the United States during the late world war; and all honorably dis¬ 
charged service men who served in the military or naval services of any of the 
governments associated with the United States during the said war, provided 
they were citizens of the United States at the time of their enlistment and who 
are again citizens at the time of their registration in the university. If any such 
service men have not been domiciled in this state for one year prior to regis¬ 
tration said board may exempt them up to one-half of the fee payable by other 
non-domiciled students. (2) Members of the staff of the university of Washing¬ 
ton. (3) Teachers in the public schools of the state who supervise the cadet 
teachers from the university of Washington. (L. *21, p. 500, sec. 5; R. C. S., sec. 
4550; P. C., sec. 4772a.) 

80. Extension of credit 

In case of deserving students domiciled in this state or the territory of 
Alaska who, after a quarter in residence have shown a marked capacity for the 
work done by them in school, the board of regents may, in lieu of collecting the 
fees provided for in subdivision (a) of section 75, extend credit to said students 
in the amount of said fees, taking therefor the promissory note of the student, 
with interest at the rate of four per cent per annum. (L. ’21, p. 501, sec. 6; R. 
C. S., sec. 4551; P. C., sec. 4772b.) 

81. Student activities, not affected 

This act shall not apply to or affect any student fee or charge which the 
students voluntarily maintain upon themselves for student purposes only. (L. 
’15, p. 241, sec. 8; R. C. S., sec. 4552; P. C., sec. 4775.) 






State of Washington 


51 


82. Appropriation from university fund 

For the purpose of refunding to the state of Washington the moneys ap¬ 
propriated for the erection and support of the said university there is hereby 
appropriated from this said “university of Washington fund,” to be paid into 
the general fund of the state, the following sums, to-wit: One hundred and 
fifty thousand dollars ($150,000), appropriated by the legislative session of 1893 
for the erection of buildings and the preparation of the new grounds; fifty thou¬ 
sand dollars ($50,000), appropriated by the legislative session of 1895 for the 
same or similar purposes; twenty-five thousand dollars ($25,000), being a por¬ 
tion of the sum appropriated by the legislative session of 1895 for the support 
or maintenance of the said university; making a total appropriation herein of 
two hundred and twenty-five thousand dollars ($225,000). (L. ’95, p. 108, sec. 2; 

R. C. S., sec. 5546; P. C., sec. 6537.) 

83. Bonds authorized 

For the purpose of anticipating the fund out of which the foregoing appro¬ 
priation is provided to be paid, the governor, state auditor and state treasurer 
are hereby authorized to make a loan of two hundred and twenty-five thousand 
dollars ($225,000) upon the bonds of the state, to be signed by the governor and 
attested by the secretary of state, under the seal of the state, and countersigned 
and registered by the state auditor. Said bonds shall be of denomination of not 
less than one thousand dollars ($1,000) each, and shall, on their face, be made 
payable at any time after five years and within fifteen years from their date, at 
the option of the state, at the office of the state treasurer; shall bear interest at 
the rate of four (4) per cent per annum, which interest shall be payable semi¬ 
annually out of the fund provided for in section 70, and no primary or secondary 
application for the payment of said bonds, except out of the aforesaid fund, is 
intended to be created by this chapter. Said bonds shall not be sold for less 
than par. If at any time there is not sufficient money in the aforesaid fund to 
defray the interest charges when due, the state shall pay said interest out of the 
general fund, which general fund shall be repaid such interest payments out of 
the first moneys paid into the said “university of Washington fund.” (L. ’95, p. 
108, sec. 3; R. C. S., sec. 5547; P. C., sec. 6538.) 


84. Disbursement of funds 

Whenever there shall be any money in the hands of the state treasurer to 
the credit of any of the specific funds set apart for that institution created by 
this chapter, deemed sufficient by the board to commence the erection of any of 
the necessary buildings or improvements, or to pay the necessary running or 
other expenses of said institution, the state auditor, on the request in writing 
of said board, shall, and it is hereby made his duty to draw his warrant in favor 
of the treasurer of said board and upon the state treasurer against the specific 
fund belonging to said institution in such sum not exceeding the amount on hand 
in such specific fund at such time as said board may deem necessary: Provided, 
That said board shall draw said money as it may be necessary to disburse the 
same. (L. ’09, p. 243, sec. 11; R. C. S., sec. 4564; P. C., sec. 4765.) 

Cross-reference: Authority of regents to enter into contracts for erection of 
buildings, sec. 61. 

85. Forest experiment station—Exchange of lands 

For the purpose of securing an area suitable for a demonstration forest 
and forest experiment station for the university of Washington authority is 
hereby granted the board of regents of the university of Washington and the 
commissioner of public lands with the advice and approval of the state board 
of land commissioners, all acting with the advice and approval of the attorney 
general, to exchange all or any portion of the granted lands of the university 
of Washington assigned for the support of said university by section 9 of chapter 
122 of the act of March 14th, 1893, enacted by the legislature of Washington, 
being entitled, “An act providing for the location, construction and maintenance 
of the university of Washington, and making an appropriation therefor, and 
declaring an emergency,” for all or any portion of such lands as may be ac¬ 
quired by the state under and by virtue of chapter 102, of the session laws of 




52 


Code of Public Instruction 


Washington for the year 1913, being: “An act relating to lands granted to the 
state for common schools and for educational, penal, reformatory, charitable, 
capitol buildings and other purposes providing for the completion of such 
grants and the relinquishment of certain granted lands; and making an appro¬ 
priation,” approved March 18th, 1913, by exchange with the United States in 
the Pilchuck-Sultan-Wallace watersheds included within the present boundaries 
of the Snoqualmie national forest. Said board of regents and commissioner of 
public lands with the advice and approval aforesaid are hereby authorized to 
execute such agreements, writings or relinquishments as are necessary or proper 
for the purpose of carrying said exchange into effect and such agreements or 
other writings to be executed in duplicate, one to be filed with the commissioner 
of public lands and one to be delivered to the said board of regents. Said 
exchange shall be made upon the basis of equal values to be determined by 
careful valuation of the areas to be exchanged. (L. ’17, p. 227, sec. 1; R. C. S., 
sec. 7848.) 

86. Aim and purpose 

The aim and the purpose of the university of Washington shall be to provide 
for students of both sexes, on equal terms, a liberal instruction in the different 
branches of literature, science, art, law, medicine, military science and such 
other departments of instruction as may be established therein from time to 
time by the board of regents. Tuition in the university of Washington, except 
as may be provided by the board of regents with reference to the arts or to 
special courses of study, shall be free to all bona fide residents of this state. 
Non-residents of this state shall be admitted to the said university on such terms 
as may from time to time be prescribed by the board of regents: Provided, 
That no student shall be admitted to any department of the university who is 
under the age of sixteen years. The said university shall, as far as practicable, 
begin its course of study in its literary and scientific departments at the points 
where the same are completed in the public high schools of this state. No student 
shall be admitted except upon examination satisfactory to the faculty of the 
university: Provided, however, That students shall be admitted without ex¬ 
amination upon presentation of certificates from those public high schools and 
other educational institutions in this state whose courses of study shall have 
been approved by said faculty of the university, and accredited by the state 
board of education: Provided, That said faculty shall have power to specify 
the preparation required for admission to any department of the university. 
(L. ’09, p. 238, sec. 2; R. C. S., sec. 4545; P. C., sec. 4756.) 

Cross-references: State board to approve preparatory requirements for entrance, 
sec. 17, subd. 1 ; examination and accreditation of secondary schools by the state board, 
sec. 17, subd. 5 ; major lines and branches of instruction set forth, secs. 42, 43, 45 and 
48; additional enactment as to entrance requirements, sec. 50 ; tuition fees to be 
charged, sec. 75 et seq. ; tuition fees of non-residents, secs. 75 and 80 ; high school 
extension certificates entitle holders to enter freshman classes, sec. 265. 

1. Under a franchise granted to the Seattle Electric Company providing that 
“school children going to and from school shall ride for half fare” the words “school 
children” as employed in the franchise include only those who are commonly referred 
to as school children, not students of the universities or colleges or schools where a 
particular branch of work is pursued. Such .students are not entitled to half fare 
rate: State ex rel. Seattle v. Seattle Electric Co., 71 Wash. 213. 

2. Neither the state nor the university of Washington is liable for accidents 
occurring upon the university campus or in the university laboratories. (Atty. Gen. 
Ops., 1921-22, p. 214.) 

87. Requirements of admission 

The university of Washington shall begin its courses of study in liberal arts 
and science at the points where the same are completed in the public high 
schools of the state, as far as practicable. No student shall be admitted to the 
university of Washington who shall have less than graduation from a four-year 
accredited high school except persons twenty-one years of age or over, and 
students registering in extension work, short courses and in the summer ses¬ 
sions. No student shall be admitted except upon examination satisfactory to the 
university or upon certificates from those public high schools and other educa¬ 
tional institutions whose courses of study meet the approval of the said uni¬ 
versity. (L. ’21, p. 653, sec. 1; R. C. S., sec. 4553; P. C., sec. 4756a.) 

Note: See cross-references to sec. 86 as to admission requirements. 






State of Washington 


53 


88. Museum 

The museum of the university of Washington is hereby constituted the 
state museum as a depository for the preservation and exhibition of documents 
and objects possessing an historical value, of materials illustrating the fauna, 
flora, anthropology, mineral wealth, and natural resources of the state, and for 
all documents and objects whose preservation will be of value to the student of 
history and the natural sciences. (L. ’99, p. 40, sec. 1; R. C. S., sec. 8255; 
P. C., sec. 8776.) 

Cross-reference: Authority of regents to purchase and provide means for keeping 
cabinets of natural history, sec. 63. 

89. Officials shall collect materials 

It shall be the duty of all boards, commissioners and officers acting under 
the authority of this state who, in the performance of their duties, may come 
into possession of any documents or material having an historical or scientific 
value to send for preservation and exhibition all such documents or material, 
unless otherwise by law provided for, to the state museum constituted by section 
88. (L. ’99, p. 40, sec. 2; R. C. S., sec. 8256; P. C., sec. 4777.) 

90. Private persons may contribute 

This museum may receive all such above named documents or material for 
preservation and exhibition from any private person under such rules and 
regulations as the board of regents of the university of Washington may deem 
proper to make for the care of the aforesaid museum. (L. ’99, p. 40, sec. 3; R. 
C. S., sec. 8257; P. C., sec. 4778.) 

91. Regents have charge 

The board of regents of the university of Washington ex-officio shall have 
full charge and management of the state museum hereby created. (L. ’99, p. 41, 
sec. 4; R. C. S., sec. 8258; P. C., sec. 4779.) 

92. Marine biological preserve 

There is hereby created an area of preserve of marine biological materials 
useful for scientific purposes, except when gathered for human food, and except, 
also, the plant nereocystis, commonly called “kelp.” Said area of preserve shall 
consist of the salt waters and the beds and shores of the islands constituting 
San Juan county and of Cypress Island in Skagit county. (L. ’23, p. 228, sec. 1.) 

93. Custody in university 

No person shall gather said marine biological materials from said area of 
preserve, except upon permission first granted by the director of the Puget Sound 
biological station of the university of Washington. (L. ’23, p. 228, sec. 2.) 

94. Penalty 

Any person gathering said marine biological materials contrary to the terms 
of this act shall be guilty of a misdemeanor. (L, ’23, p. 228, sec. 3.) 



54 


Code of Public Instruction 


CHAPTER 3—STATE COLLEGE OF WASHINGTON 

95. Establishment and purpose—admission. 

96. Regents—appointment and term of office—bonds. 

97. Governor ex-officio member. 

98. Ex-officio visitors. 

99. Organization of board—treasurer—bonds. 

100. Duties of president, treasurer and secretary. 

101. Regents enact by-laws. 

102. Meetings of the board of regents. 

103. Regents must subscribe to oath. 

104. Expenses of regents. 

105. No pecuniary interest. 

106. Regents have general control of funds. 

107. Disbursement of funds. 

108. Shall make annual report to governor. 

109. Erection of buildings. 

110. To employ architects. 

111. Agricultural college current fund. 

112. Same, payment of money into. 

113. Tuition fees. 

114. Disposition of fees. 

115. Refunds. 

116. Exemptions. 

117. Disposition of lands for scientific school—vested in regents. 

118. Scientific school fund. 

119. Lands assigned to state college. 

120. Morrill act, state college to receive benefits of. 

121. Experiment station established by congress. 

122. Assent to congressional requirements. 

123. Acceptance of federal aid. 

124. Disposition of appropriation. 

125. Experiment station at Puyallup. 

126. Acquisition of lands for experimental purposes. 

127. Agricultural extension work. 

128. Funds of state college—duties of state treasurer and state 
auditor. 

129. Course of instruction. 

130. State auditor to issue warrants. 

131. Departments of instruction. 

132. Board shall grant diplomas and degrees. 

133. Irrigation experiment station. 

134. Sub-station, where located. 

135. Sub-station, when established. 

136. Regents may give bonds to United States. 

137. Bureau of farm development—personnel. 

138. Appointment of experts. 

139. Office, assistance and supplies. 

140. Demonstration work. 

141. Tax levy. 

95. Establishment and purpose 

The state college, experiment station and school of science of the state of 
Washington, as heretofore located at Pullman, Whitman county, shall be an in¬ 
stitution of learning open to the children of all residents of this state, and to such 
other persons as the board of regents may determine, under such rules and regu¬ 
lations as may be prescribed by the board of regents; shall be non-secretarian in 
character, and devoted to practical instruction in agriculture, mechanical arts, 
and natural sciences connected therewith, as well as a thorough course of in¬ 
struction in all branches of learning upon agricultural and other industrial pur¬ 
suits. 






State of Washington 


55 


No student shall be admitted except upon examination satisfactory to the 
faculty of the state college: Provided, however, That students shall be admitted 
without examination upon presentation of certificates from those public high 
schools and other educational institutions in this state whose courses of study 
shall have been approved by said faculty of the state college and accredited by 
the state board of education: Provided, further, That said faculty shall have 
power to specify the preparation required for admission to any department of the 
state college. (L. ’09, p. 243, sec. 1; R. C. S., sec. 4568; P. C., sec. 4784.) 

Cross-references: Preparatory requirements for entrance to the state college to be 
approved by the state board of education, sec. 17, subd. 1 ; examination and accredita¬ 
tion of secondary schools by the state board, sec. 17, subd. 5 ; major lines and branches 
of instruction set forth, secs. 42, 44, 46. 47 and 48 ; additional provisions as to entrance 
requirements, sec. 50 ; courses of instruction, sec. 130 ; departments of instruction, sec. 
131. 

1. The state college of Washington is a state institution: State ex rel. Johnson 
v. Clausen, 51 Wash. 458. 

2. Professors and instructors in the state college of Washington are entitled to 
reasonable compensation from the institute fund for services rendered at county in¬ 
stitutes. (Atty. Gen. Ops., 1911-12, p. 217.) 

96. Regents—appointment and term of office—bonds 

The management of said college and experiment station, the care and preser¬ 
vation of all property of which the institution shall become possessed, the erec¬ 
tion and construction of all buildings necessary for the use of said college and 
station, and the disbursement and expenditure of all money provided for by this 
chapter, shall be vested in a board of five regents, said five members of the 
board of regents shall be appointed in the manner provided by law; said re¬ 
gents and their successors in office shall have the right to cause all things to 
be done necessary to carry out the provisions of this chapter. The board of 
regents provided for in this chapter, shall be appointed by the governor, by and 
with the consent of “the senate, one for a term of two years, two for a term of 
four years, and two for a term of six years; and each regent shall, before enter¬ 
ing upon the discharge of his respective duties as such, execute a good and suffi¬ 
cient bond to the state of Washington, with two or more sufficient sureties, 
residents of the state, in the penal sum of not less than five thousand dollars 
($5,000) each, conditioned for the faithful performance of his duties as such 
regent: Provided, That all appointments made to fill vacancies caused by 

death, resignation or otherwise, shall be for the unexpired term of the incumbent 
whose place shall have become vacant. All other appointments made subsequent 
to the appointment of the first board of regents provided for in this act shall be 
for the term of six years and until the appointment and qualification of a suc¬ 
cessor to each appointee: Provided further, That regents now serving upon 
such board shall continue as such during the term for which they were re¬ 
spectively appointed. (L, ’09, p. 245, sec. 5; R. C. S., sec. 4576; P. C., sec. 4788.) 

Cross-references: Control and disbursement of funds, secs. 106 and 107 ; custody 
of funds, sec. 128 ; issuance of warrants, sec. 130. 

1. A member of the board of regents of the agricultural college is not a state 
officer over whom the supreme court has original jurisdiction in mandamus proceedings, 
within the meaning of par. 4, art. 4. of the constitution : Stearns v. Smith . 6 Wash. 496. 

2. If a board of regents stands by and allows a succeeding board to assume and 
discharge the duties of such office without question, the succeeding board, although 
illegally appointed, becomes the cle facto board, and the courts should aid in obtaining 
possession of the funds devoted to such institution: State ex rel. Stearns v. Smith, 9 
Wash. 195. 

3. The regents have no power to erect a water system and sell it to the town of 
Pullman : State v. Pullman, 23 Wash. 583. 

97. Governor ex-officio member 

The governor of the state shall be ex-officio advisory member of the board 
provided for in this chapter, but shall not have the right to vote, nor be eligible 
to office therein. (L. ’09, p. 249, sec. 18; R. C. S., sec. 4598; P. C., sec. 4809.) 

98. Ex-officio visitors 

The governor of the state of Washington, the superintendent of public in¬ 
struction. members of the legislature, and county commissioners shall be ex- 
officio visitors of said college. But said visitors shall have no power granted 
to control the action of the board of regents or to negative its duties as de¬ 
fined by law. (L. ’09, p. 244, sec. 2; R. C. S., sec. 4573; P. C., sec. 4785.) 



56 


Code of Public Instruction 


1)9. Organization of board—treasurer—bonds 

The board of regents shall meet and organize by the election of its president 
and treasurer from their own number, on the first Wednesday in April of each 
year. The person so elected as treasurer shall, before entering upon the dis¬ 
charge of his duties as such, execute a good and sufficient bond to the state of 
Washington with two or more sufficient sureties, residents of the state, in the 
penal sum of not less than forty thousand dollars ($40,000), conditioned for 
the faithful performance of his duties as such treasurer, and that he will faith¬ 
fully account for and pay over to the person or persons entitled thereto all 
moneys which shall come into his hands as such officer, which bond shall be 
approved by the governor of the state, and shall be filed with the secretary of 
state. The president of the college shall be secretary of the board of regents, 
and shall perform all the duties pertaining to that office, but shall not have the 
right to vote. The secretary shall in like manner as the treasurer give a bond 
in the penal sum of not less than five thousand dollars ($5,000), conditioned 
for the faithful performance of his duties as such officer. (L. ’09, p. 246, sec. 6; 

R. C. S., sec. 4577; P. C., sec. 4789.) 

Cross-reference: State treasurer to be treasurer of all funds belonging to the 
state college, sec. 128. 

1. The election by a de facto board of regents of one of their number as treasurer 
constitutes him treasurer, and entitles him to the funds in the hands of the treasurer 
of the preceding board: State ex rel. Stearns v. Smith, 9 Wash. 195. 

2. Moneys received by the treasurer of the board of regents of the state college 
and the students’ fees and rents from sources other than the general and state govern¬ 
ment are not a part of the state’s finances to be paid over by him to the state treasurer 
each day, although such college is a state institution: State ex rel. Johnson v. Clausen, 
51 Wash. 548. 

100. Duties of president, treasurer and secretary 

The president of said board shall be the chief executive officer, shall preside 
at all meetings thereof, except that in his absence the board may appoint a 
president pro tempore, and sign all instruments required to be executed by said 
board. The treasurer shall be the financial officer of said board, shall keep a 
true account of all moneys received and expended by him. The secretary shall 
be the recording officer of said board, shall attest all instruments required to 
be signed by the president, and shall keep a true record of all the proceedings 
of said board, and do all other things required of him by said board. (L. ’09, 
p. 247, sec. 7; R. C. S., sec. 4578; P. C., sec. 4791.) 

Cross-references: State treasurer to be treasurer of state college funds, sec. 128; 
state auditor to keep accounts of the state college, sec. 128. 

1. The certification of qualification of teachers of “higher and special institutions’’ 
not being required under that portion of Laws of 1897, title IV, page 427, devoted to 
such institutions, but it being the evident intent of the law that such certification shall 
apply only to teachers under the common school system, one would not be incapable 
of entering into a contract to teach in one of the normal schools of the state by reason 
of not holding a teacher’s certificate: MacKenzie v. State, 32 Wash. 657. 

2. Moneys received by the treasurer of the board of regents of the state college 
and the students’ fees and rents from sources other than the general and state govern¬ 
ment are not a part of the state’s finances to be paid over by him to the state treasurer 
each day, although such college is a state institution : State ex rel. Johnson v. Clausen. 
51 Wash. 548. 

101. Regents enact by-laws 

The regents shall have the power, and it shall be their duty, to enact laws 
for the government of said state college, experiment station and school of 
science: Provided, The board of regents shall maintain at least one experi¬ 
mental station in the western portion of the state. (L. ’09, p. 247, sec. 8 • R C 

S. , sec. 4579; P. C., sec. 4792.) 

Cross-reference: Agricultural experiment station at Puyallup, sec. 125. 

102. Meetings of the board of regents 

The meetings of the board of regents may be called in such manner as the 
board may prescribe, and the majority of said board shall constitute a quorum 
for the transaction of business; but a less number may adjourn from time to 
time. No vacancy in said board shall impair the rights of the remaining board. 
A full meeting of the board shall be called at least once a year. (L. ’09, p. 248, 
sec. 12; R. C. S., sec. 4592; P. C., sec. 4802.) 





State of Washington 


57 


103. Regents must subscribe to oath 

Each member of the board of regents created by this chapter shall, before 
entering upon his duties, take and subscribe an oath to discharge faithfully 
and honestly his duties in the premises, and to perform strictly and impartially 
the same to the best of his ability; said oath shall be filed with the secretary 
of state. (L. ’09, p. 248, sec. 13; R. C. S., sec. 4593; P. C., sec. 4803.) 

104. Expenses of regents 

The regents shall be allowed their actual and necessary traveling expenses 
in going to and returning from all the necessary sessions of the board; and also 
their necessary expense while in actual attendance upon the same. (L. ’09, p. 
249, sec. 14; R. C. S., sec. 4594; P. C., sec. 4804.) 

105. No pecuniary interest 

No employe or member of the board created by this chapter shall be in¬ 
terested pecuniarily, either directly or indirectly, in any contract for any build¬ 
ing or improvement of said institution, or for the furnishing of supplies for 
the same. (L. ’09, p. 249, sec. 17; R. C. S., sec. 4597; P. C., sec. 4807.) 

106. Regents have general control of funds 

The board of regents shall direct the disposition of any moneys belonging 
to or appropriated to the agricultural college, experiment station and school 
of science, established by this act, and shall make all rules and regulations 
necessary for the management of the same, adopt plans and specifications for 
necessary buildings, and superintend the construction of said buildings, and 
fix the salaries of professors, teachers and other employes, and tuition fees to 
be charged in said college. (L. '09, p. 247, sec. 9; R. C. S., sec. 4580; P. C., sec. 
4793.) 

Cross-references: State treasurer to have custody of funds and state auditor to 
keep accounts, sec. 128; vouchers and issuance of warrants, sec. 130; tuition fees fixed 
by subsequent enactment, sec. 113 et seq. 

1. Insurance on the college laboratory is a proper charge upon the maintenance 
fund of the college. (Atty. Gen. Ops., 1899-1900, p. 12.) 

107. Disbursement of funds 

The treasurer of said board shall make disbursement of the funds in his 
hands on the order of the board, which order shall be countersigned by the 
secretary of the board, and shall state on what account the disbursement is 
made. (L. ’09, p. 249, sec. 16; R. C. S., sec. 4596; P. C., sec. 4806.) 

108. Shall make annual report to governor 

The board of regents shall, on or before the first day of November of each 
year, make a full and true report in detail of all their acts and doings during 
the previous year, their receipts and expenditures, the exact status of their 
institution, and other information they may deem proper and useful, or which 
may be called for by the governor, which said report shall be made to the 
governor, who shall transmit the same to the succeeding session of the legisla¬ 
ture. A copy of said report shall be furnished to the superintendent of public 
instruction. (L. ’09, p. 249, sec. 15; R. C. S., sec. 4595; P. C., sec. 4805.) 

Cross-reference: Biennial report of state superintendent to contain reports of all 
state educational institutions or such portions as he may think advisable, sec. 6, subd. 2. 

109. Erection of buildings 

It shall be the duty of the board of regents herein provided for, as soon 
after their organization as practicable, and as soon as there shall be an appro¬ 
priation therefor in the hands of the state treasurer in any amount sufficient 
to warrant the beginning the erection of the several buildings herein provided 
for, or any wing or section of the same, to enter into contracts with one or 
more contractors for the erection and construction of such suitable buildings 
and improvements for the institution created by this chapter as in their judg¬ 
ment shall be deemed best, or the funds aforesaid shall warrant, all things 
considered; such contract or contracts to be let after open public notice and 




58 


Code of Public Instruction 


competition under such regulations as shall be established by said board to 
the person or persons who offer to execute such work on the most advantageous 
terms: Provided , That in all cases said board shall require from contractors 
a good and sufficient bond for the faithful performance of the work, and the 
full protection of the state against mechanics’ and other liens: And provided 
further, That the board shall not have the power to enter into any contract for 
the erection of any buildings or improvements which shall bind said board to 
pay out any sum of money in excess of the amount provided for said purpose. 
(L. ’09, p. 250, sec. 20; R. C. S., sec. 4600; P. C., sec. 4810.) 

Cross-references: Regents to have no pecuniary interest in building contracts, sec. 
105 ; regents may expend tuition fees for buildings, sec. 114 ; contractors’ bonds, sec. 
624 et seq. 

110. To employ architects 

The board provided for in this chapter shall have power in their discretion 
to employ skilled architects and superintendents to prepare plans and specifica¬ 
tions, and to supervise the construction of any of the buildings provided for in 
this chapter, and to fix the compensation for such services subject to the pro¬ 
visions and restrictions of this act. (L. ’09, p. 250, sec. 21; R. C. S., sec. 4601; 
P. C., sec. 4811.) 

111. Agricultural college current fund 

There is hereby created in the state treasury a fund to be known as “the 
current fund of the agricultural college and school of science.” (L. ’05, p. 73, 
sec. 1; R. C. S., sec. 5520; P. C., sec. 4746.) 

Cross-references: State treasurer to be treasurer of state college funds, sec. 128 ; 
issuance of warrants, sec. 129. 

112. Same, payment of money into 

There shall be paid into said fund for the use and support of the agricul¬ 
tural college and school of science: First. All money heretofore collected or 
hereafter to be collected from the lease or rental of lands set apart by the 
enabling act or otherwise for the agricultural college and school of science. 
Second. All interest or income arising from the proceeds of the sale of any of 
said lands. Third. All moneys received or collected as interest on deferred pay¬ 
ments on contracts for the sale of such lands. (L. ’05, p. 73, sec. 2; R. C. S., 
sec. 5521; P. C., sec. 4747.) 

113. Tuition fees 

The board of regents of the state college of Washington shall charge to and 
collect from each of the students registering at said institution, who have not 
resided in this state or territory of Alaska one year prior to date of registration, 
a tuition fee of seventy-five ($75.00) dollars per semester. All other students 
except those in summer schools, short courses, correspondence or extension 
courses, shall be charged a tuition fee of not less than ten (10) dollars per 
semester. (L. ’21, p. 654, sec. 1; R. C. S., sec. 4569; P. C., sec. 4784-1.) 

1. Sec. 72 et seq., providing for entrance and tuition fees to be charged to stu¬ 
dents of the university of Washington, is a valid exercise of legislative authority not¬ 
withstanding the fact that at the time of its enactment such fees were not charged to 
students of the state college of Washington : Litchman v. Shannon, 90 Wash. 186. 

2. The word “resided” as used in this section means domiciled and the question 
of domicile rests to a large extent upon intent. A student who in registering gives as 
his address a home outside of the state should not be admitted without payment of the 
seventy-five dollar fee unless he can furnish evidence of change in residence. Mere 
temporary residence at the state college for educational purposes unaccompanied by 
any intent on the part of the student to make Washington his place of residence would 
not exempt him from payment of the fee. The residence of a minor child is generally 
that of his parents. (Atty. Gen. Ops., 1921-22, p. 90.) 

114. Disposition of fees 

The tuition fees collected under section 75 shall be deposited with the state 
treasurer in the state college current fund, and expended by the board of regents 
for either buildings or equipment or operation or maintenance as may be deemed 
most advisable for the best interests of the institution. Expenditures so made 
shall be accounted for in accordance with the existing law. (L. ’21, p. 654, sec. 
2; R. C. S., sec. 4570; P. C., sec. 4784-2.) 




State of W ashing ton 


59 


115. Refunds 

Tuition, fees collected under this act are not returnable unless in case of 
sickness or other causes beyond the control of the student. In no case shall 
more than one-half ( y 2 ) of the tuition be refunded. Students withdrawing under 
discipline forfeit all rights to the return of any portion of the fees. No portion 
of the tuition shall be refunded after thirty (30) days from date of registration 
of the student. (L. ’21, p. 654, sec. 3; R. C. S., sec. 4571; P. C., sec. 4784-3.) 

116. Exemptions 

The board of regents may exempt the following classes of persons from the 
payment of tuition: (1) All honorably discharged service men who served in 
the military or naval service of the United States during the late world war; 
and all honorably discharged service men in the military or naval services of 
any of the governments associated with the United States during said war, 
provided they were citizens of the United States at the time of their enlistment 
and who are again citizens at the time of their registration at the state college. 
If any of such service men have not resided in this state for one (1) year prior 
to registration said board may exempt them up to one-half (%) of the tuition 
payable by other non-resident students; (2) members of the staff of the state 
college of Washington; (3) In case of deserving students of this state and 
Alaska, who, after a quarter in residence have shown a marked capacity for the 
work done by them in school, the board of regents, may, in lieu of collecting the 
fees provided for in section 113, extend credit to said students in the amount of 
said fees, taking therefor the promissory note of the students with interest at 
the rate of four per cent per annum. (L. ’21, p. 655, sec. 4; R. C. S., sec. 4572; 
P. C., sec. 4784-4.) 

117. Disposition of lands for scientific school—vested in regents 

The board of regents of the agricultural college, experiment station and 
school of science of the state of Washington is hereby authorized and directed 
to select and set aside for the purposes hereinafter described four full sections 
of land in lots of not less than forty acres each from the lands granted to the 
state of Washington for the establishment and maintenance of a scientific school 
and belonging to the agricultural college and school of science. The entire 
management, control and power of disposition of said four sections of land be 
and hereby are vested in the board of regents of the agricultural college, experi¬ 
ment station and school of science and subject to the provisions of this act. 
(L. ’01, p. 170, sec. 1; R. C. S., sec. 5524; P. C., sec. 4816.) 


118. Scientific school fund 

There shall be kept by the state treasurer a separate fund to be known as 
the scientific school fund, into which shall be paid all moneys received from 
the sale of the lands, or valuable material thereon, belonging to the agricultural 
college and school of science, which fund shall be paid out by the state treasurer 
only upon warrants drawn by the state auditor, which warrants shall be based 
upon proper vouchers of the board of regents of the agricultural college and 
school of science. (L. ’01, p. 172, sec. 4; R. C. S., sec. 5526; P. C., sec. 4817.) 

110. Lands assigned to state college 

The one hundred thousand acres of land granted by the United States gov¬ 
ernment to the state of Washington for a scientific school in the enabling act 
of the state of Washington, is hereby assigned to the support of the state college 
of Washington. (L. ’17, p. 38, sec. 1; R. C. S., sec 5525; P. C., sec. 4814.) 

120. Morrill act, state college to receive benefits of 

All funds granted by the United States government under the Morrill act, 
passed by congress and approved July 2, 1862, together with all acts amendatory 
thereof and supplementary thereto, for the support and in aid of colleges of 
agriculture and mechanic arts, as well as experiment stations and farms and 
extension work in agriculture and home economics in connection with colleges 
of agriculture and mechanic arts are hereby allotted to the state college of 
Washington. (L. ’17, p. 38, sec. 2; R. C. S., sec. 4584; P. C., sec. 4815.) 



Code of Public Instruction 


60 


121. Experiment station established by congress 

The agricultural experiment station provided for in this act in connection 
with the state college shall be under the direction of said board of regents of 
said college for the purpose of conducting experiments in agriculture according 
to the terms of section one (1) of an act of congress approved March 2, 1887, 
and entitled “An act to establish agricultural experiment stations in connection 
with the colleges established in the several states, under the provisions of an 
act approved July 2, 1862, and of the acts supplementary thereto.” The said 
college and experiment station shall be entitled to receive all the benefits and 
donations made and given to similar institutions of learning in other states and 
territories of the United States by the legislation of the congress of the United 
States now in force, or that may be enacted, and particularly to the benefits and 
donations given by the provisions of an act of congress entitled “An act donating 
public lands to the several states and territories which may provide colleges for 
the benefit of agricultural and mechanic arts,” approved July 2, 1862, and all 
acts supplementary thereto, including the act entitled “An act to establish agri¬ 
cultural experiment stations in connection with colleges established in the sev¬ 
eral cities [states] under the provisions of an act approved July 2, 1862, and of 
the acts supplementary thereto,” which said last entitled act was approved 
March 2, 1887; also “An act to apply a portion of the proceeds of the public lands 
to the more complete endowment and support of the colleges for the benefit of 
agriculture and the mechanic arts, established under the provisions of an act 
of congress approved July 2, 1862,” which said last mentioned act was approved 
August 30, 1890. (L. ’09, p. 247, sec. 10; R. C. S., sec. 4581; P. C., sec. 4794.) 

122. Assent to congressional requirements 

The assent of the legislature of the state of Washington is hereby given, 
in pursance of the requirements of section nine (9) of said act of congress, 
approved March 2, 1887, to the granting of money therein made to the establish¬ 
ment of experiment stations in accordance with section one (1) of said last 
mentioned act, and assent is hereby given to carry out, within the state of 
Washington, every provision of said act. (L. ’09, p, 248, sec. 11; R. C. S., sec. 
4582; P. C., sec. 4795.) 

123. Acceptance of federal aid 

The state of Washington hereby assents to the purposes, terms, provisions 
and conditions of the grant of money provided in an act of congress approved 
March 16, 1906, said act being entitled “An act to provide for an increased 
annual appropriation for agricultural experiment stations and regulating the 
expenditure thereof,” and having for its purpose the more complete endowment 
and maintenance of agricultural experiment stations theretofore or thereafter 
established under an act of congress approved March 2, 1887. (L. ’07, p. 423, 

sec. 1; R. C. S., sec. 4585; P. C., sec. 4796.) 

124. Disposition of appropriation 

Said annual sum appropriated and granted to the state of Washington in 
pursuance of said act of congress approved March 16, 1906, shall be paid as 
therein provided to the treasurer or other officer duly appointed by the board 
of regents of the state agricultural experiment station at Pullman, Washington; 
and the board of regents of such experiment station are hereby required to 
report to the secretary of agriculture on or before the first day of September 
of each year a detailed statement of the amount so received and of its disburse¬ 
ments on schedules prescribed by the secretary of agriculture. (L. ’07, p. 424, 
sec. 2; R. C. S., sec. 4586; P. C., sec. 4797.) 

Cross-reference: State treasurer is treasurer of all state college funds by subse¬ 
quent enactment, sec. 128. 

125. Experiment station at Puyallup 

The operation and conduct of the agricultural experiment station heretofore 
established at Puyallup, Washington, shall be under the supervision and control 
of the board of regents of the agricultural college and school of science, and the 



State of Washington 


61 


state auditor is hereby authorized to audit all claims and, if found correct, to 
issue warrants upon the state treasurer in payment of bills duly authorized by 
said board as provided by law, and the state treasurer is hereby directed to pay 
the same. (L. ’99, p. 132, sec. 1; R. C. S., sec. 4587; P. C., sec. 4798.) 

Cross-reference: At least one experimental station to be maintained in the western 
part of the state, sec. 101. 

126. Acquisition of lands for experimental purposes 

The board of regents of the state college of Washington is hereby authorized 
and empowered to acquire by lease or gift, any tract or tracts of land, which, 
in its judgment, are necessary for experimental or demonstrational purposes, 
or for otherwise carrying out the purposes or work of the college as defined by 
law, and to pay for the same out of the maintenance fund of the college: Pro¬ 
vided, That not more than $1,200.00 a year shall be paid from said fund for said 
purposes: Provided further, That when said land is leased by the state for the 
purposes of this act, such land shall be exempt from taxation. (L. ’09, p. 815, 
sec. 1; R. C. S., sec. 4588; P. C., sec. 4818.) 

127. Agricultural extension work 

The board of regents of the state college of Washington is hereby authorized 
and empowered to receive and expend the moneys appropriated under the act 
of congress approved May 8, 1914, and entitled “An act to provide for coopera¬ 
tive agricultural extension work between the agricultural colleges in the several 
states receiving the benefits of the act of congress approved July 2, 1862, and 
of acts supplemental thereto, and the United States department of agriculture,” 
and to organize and conduct agricultural extension work in connection with the 
state college of Washington in accordance with the terms and conditions ex¬ 
pressed in said act of congress. (L. ’15, p. 349, sec. 1; R. C. S., sec. 4583; P. C., 
sec. 4813.) 

Cross-reference: Provisions relating to exemption from taxation, const., art. 7, 
sec. 2. 

128. Funds of state college—duties of state treasurer and state auditor 

The state treasurer shall hereafter constitute and be the treasurer of all 
funds belonging to the state college, experiment station and school of science of 
the state of Washington, known as the state college of Washington. All moneys 
or funds received from the United States or from any other source whatsoever 
for the benefit of said state college or from the products or property of said 
college, or for the use of or belonging to said college shall be paid to and de¬ 
posited with the state treasurer; when so deposited the same shall be held as 
special funds for said college, and are hereby appropriated to the uses and pur¬ 
poses for which the same are received. Upon receipt of any funds belonging to 
said college by the state treasurer, he shall issue duplicate receipts therefor and 
deposit one of such receipts with the state auditor, who shall keep the accounts 
of said college as other accounts are kept, and shall draw warrants against said 
accounts upon the presentation of properly executed vouchers therefor, but no 
warrant shall be drawn on any such fund for an amount in excess of the amount 
remaining in such fund. (L. ’09, Ex. Ses., p. 36, sec. 1; R. C. S., sec. 5527; P. C., 
sec. 4790.) 

Cross-references: Prior enactment providing for election of treasurer by board of 
regents, sec. 99 ; uniform system of accounts to be installed for state educational in¬ 
stitutions, sec. 841. 

1. Under this section the state treasurer is not required to furnish extra bond 
in addition to the regular bond as state treasurer. (Atty. Gen. Ops., 1915-16, p. 95.) 

2. This section is not superseded by Laws 1921, sec. 42, chap. 7, relating to sale 
of property of state institutions by the director of business control and the crediting 
of funds derived therefrom. The auditor of the state college should turn moneys re¬ 
ceived by the college from sale of livestock for experimental purposes in to the state 
treasurer as treasurer of the state college and such moneys should be held as provided 
in this section. (Atty. Gen. Ops., 1921-22, p. 166.) 

129. State auditor to issue warrants 

Whenever there shall be any money in the hands of the state treasurer 
to the credit of any of the specific funds set apart for that institution created 
by this chapter, deemed sufficient by the board to commence the erection of 




62 


Code of Public Instruction 


any of the necessary buildings or improvements, or to pay the necessary running 
or other expenses of said institution, and any proper indebtedness has been 
incurred, the state auditor upon receipt of properly audited vouchers shall, and 
it is hereby made his duty to draw his warrants for the payment thereof upon 
the state treasurer against the specific fund belonging to said institution in 
such sum, not exceeding the amount on hand in such specific fund at such time, 
provided proper appropriations have been made therefor. (L. ’09, p. 251, sec. 22; 
R. C. S., sec. 4602; P. C., sec. 5812.) 

130. Course of instruction 

The course of instruction of said college shall embrace the English language, 
literature, mathematics, philosophy, civil and mechanical engineering, chemistry, 
animal and vegetable anatomy and physiology, the veterinary art, entomology, 
geology, political economy, rural and household economy, horticulture, moral 
philosophy, history, mechanics, and such other courses of instruction as shall 
be prescribed by the board of regents. One of the objects of said college shall 
be to train teachers of physical science, and thereby further the application of 
the principles of physical science to industrial pursuits; to collect information 
as to schemes of technical instruction adopted in other parts of the United States 
and in foreign countries, and to hold farmers’ institutes at such times and places 
and under such regulations as the board of regents may determine: Provided , 
That no student shall be admitted to any department of the state college who is 
under the age of sixteen years. (L» ’09, p. 244, sec. 3; R. C. S., sec. 4574; P. C., 
sec. 4786.) 

Cross-references: State board of education to approve courses for the department 
of education of the state college, sec. 17, subd. 2 ; major lines and courses set forth, 
secs. 42, 44, 46, 47 and 48; establishment and purpose of state college, sec. 95. 

131. Departments of instruction 

The board of regents shall provide that all instruction given in the college 
shall, to the utmost practicable extent, be conveyed by means of practical work 
in the laboratory, and shall provide in connection with said college the follow¬ 
ing laboratories: One physical laboratory or more, one chemical laboratory or 
more, and one biological laboratory or more, and suitably furnish and equip 
the same. Said board of regents shall provide that all male students shall be 
trained* in military tactics. Said board of regents shall establish a department 
of elementary science, and in connection therewith provide instruction in the 
following subjects: Elementary mathematics, including elementary trigonome¬ 
try, elementary mechanics, elementary and mechanical drawing and land sur¬ 
veying. Said board of regents shall establish a department of said college to 
be designated as the department of agriculture, and in connection therewith 
shall provide instruction in the following subjects: First. Physics, with special 
application of its principles to agriculture. Second. Chemistry, with special 
application of its principles to agriculture. Third. Morphology and physiology 
of plants, with special reference to the commonly grown crops and their fungus 
enemies. Fourth. Morphology and physiology of the lower forms of animal 
life, with special reference to insect pests. Fifth. Morphology and physiology 
of the higher forms of animal life, and in particular of the horse, cow, sheep 
and swine. Sixth. Agriculture, with special reference to the breeding and feed¬ 
ing of livestock, and the best mode of cultivation of farm produce. Seventh. 
Mining and metallurgy. And it shall appoint demonstrators in each of these 
subjects, to superintend the equipment of a laboratory and to give practical 
instruction in the same. Said board of regents shall establish an agricultural 
experiment station in connection with the department of agriculture of said 
college, appoint its officers and prescribe such regulations for its management 
as it may deem expedient. Said board of regents may establish other depart¬ 
ments of said college, and provide courses of instruction therein, when those 
are, in its judgment, required for the better carrying out of the object of the 
college. (L. ’09, p. 244, sec. 4; R. C. S., sec. 4575; P. C., sec. 4787.) 

Note : See cross-references under sec. 130. 



State of Washing ton 


63 


132. Board shall grant diplomas and degrees 

The board of regents shall grant to every student, upon graduation, a 
suitable diploma or degree, such student having been recommended for such 
honor by the faculty. The board shall also have power, upon recommendation 
of the faculty, to confer the usual honorary degrees upon other persons than 
graduates of this college in recognition of their learning or devotion to litera¬ 
ture, art or science; but no degree shall ever be conferred in consideration of 
the payment of money or other valuable thing. The said board is also em¬ 
powered, upon recommendation of the faculty, to grant normal diplomas which 
shall entitle the holder to teach in any public school in the state for a period 
of five years; and to grant life diplomas to candidates who shall give satisfac¬ 
tory evidence of having taught successfully for twenty-four (24) months: Pro¬ 
vided, That all candidates for the normal diploma and life diploma shall have 
satisfactorily completed not less than twelve semester hours in the department 
of education. (L. ’09, p. 249, sec. 19; R. C. S., sec. 4599; P. C., sec. 4809.) 

Cross-references: Courses for department of education to be approved by the 
state board, sec. 17, subd. 2 ; classes of teachers and school executives to be trained 
at the state college, sec. 48; certificates issued by the state college included in classifica¬ 
tion of certificates and diplomas issued by authority of this state, sec. 297. 

1. The superintendent of public instruction, under sec. 449, has the right to 
revoke any class of certificates or diplomas, including those of the normal department 
of the state university, for non-attendance of the teacher at teachers’ institutes. In 
all other instances, under the provisions of sec. 307 the regents of the state university 
would have the sole power of revocation of normal diplomas granted by the state 
university. (Atty. Gen. Ops., 1905-6, p. 191.) 

2. The university of Washington and state college of Washington cannot grant 
diplomas to teach in the elementary schools of the state and cannot be accredited by 
the state board of education under the provisions of sec. 17 ; so the superintendent of 
public instruction has no power to grant certificates, with or without examination, to 
persons who have the requisite attendance at such institutions to their credit. (Atty. 
Gen., May 11, 1923.) 

133. Irrigation experiment station 

That the board of regents of the state college of Washington be hereby 
authorized to establish and maintain a sub-station of the Washington agricul¬ 
tural experiment station in an irrigated district and to conduct investigational 
work upon the principles and practices of irrigation agriculture including the 
duty of water and its relation to soil types, crops, climatic conditions, together 
with ditch and drain construction, fertility investigations and methods of tillage 
introduction and testing of new and improved crops, the method of combating 
plant diseases and insect pests, marketing, the handling of fruit by-products, 
farm management, and such other subjects relative to the development of agri¬ 
culture under irrigation conditions as may seem to it advisable. (L. T7, p. 844, 
sec. 1; R. C. S., sec. 4589; P. C., sec. .4799.) 

134. Sub-station, where located 

The location of said sub-station shall be determined by the board of regents 
of the state college of Washington solely with a view of rendering the greatest 
aid to all the irrigated districts of the state. (L. ’17, p. 344, sec. 2; R. C. S., 
sec. 4590; P. C., sec. 4800.) 

135. Sub-station, when established 

That said station shall be established as soon as funds are available there¬ 
for, by special appropriation, gifts or otherwise. (L. ’17, p. 344; sec. 3; R. C. S., 
sec. 4591; P. C., sec. 4801.) 

13(1. Regents may give bonds to United States 

The board of regents of the agricultural college and school of science is 
authorized and empowered to give and execute, on behalf of the state of Wash¬ 
ington, the bonds and other papers required by the war department for the safe 
keeping of the arms and equipments loaned by the United States to the agricul¬ 
tural college and school of science. (L. ’99, p. 175, sec. 1; R. C. S., sec. 4603; 
P. C., sec. 4819.) 

Cross-reference: All male students to be trained in military tactics, sec. 131. 



64 


Code of Public Instruction 


137. Bureau of farm development—personnel 

There is hereby created the bureau of farm development of the state of 
Washington, which shall consist of the director of the extension service of the 
state college of Washington, who shall be director thereof, and of the boards 
of county commissioners or representatives appointed by them of all counties 
of the state of Washington desiring to participate therein. The officers and 
members of such bureau of farm development shall serve without salary, and 
the expenses incident to the operation of said bureau of farm development shall 
be borne by the county for which the same shall be incurred. Meetings of the 
bureau of farm development shall be called by the director thereof at least once 
each calendar year. (L. ’19, p. 653, sec. 1; P. C., sec. 78.) 

1. The expenses of a county commissioner in attending a meeting of the bureau 
of farm development may legally be borne by the county. (Atty. Gen., Jan. 12, 1920.) 

138. Appointment of experts 

The board of county commissioners of any county may by request in writing 
apply to the director of the bureau of farm development for either the appoint¬ 
ment of an agricultural expert, home economics expert, or a club work expert, 
or other agricultural or home economics expert or all of them, and they shall 
have the power to enter into agreement with the state college of Washington 
according to agreement forms which shall be approved by the attorney general 
of the state of Washington, making provision for employing such experts and 
for paying their expenses incurred in performing their official duties. The 
director shall appoint and assign to such county the expert or experts applied 
for: Provided, That the expert or experts so appointed and assigned shall be 
satisfactory to the board of county commissioners applying therefor. The board 
of county commissioners shall have the power to determine the period during 
which any such expert or experts shall be employed and to fix the compensation 
of such expert or experts at not to exceed two hundred and fifty dollars ($250.00) 
per month for any one expert and not to exceed for salaries the sum of five 
hundred dollars ($500.00) per month, and in their discretion necessary traveling 
expenses: Provided further, That each such agreement relating to agricultural, 
home economics, or club work experts shall continue in full force until either 
the board of county commissioners or the state college of Washington shall 
terminate the agreement by giving notice to the other part or parties, this 
notice to be delivered in writing at least three (3) months prior to the date 
on which the agreement shall expire. (L. ’19, p. 654, sec. 2; R. C. S., sec. 2732; 
P. C., sec. 79.) 

139. Office, assistance and supplies 

Any such expert or experts shall during the period of his or her employ¬ 
ment reside and maintain an office within the county for which he or she is 
appointed, and with Che consent of the board of county commissioners of such 
county he or she may employ such assistance as may be required and purchase 
such books, equipment, apparatus and material as may be required, which books, 
equipment, apparatus and material purchased with county funds shall become 
and remain the property of the county: Provided, That the expenses which may 
be incurred by the authority of this section shall never exceed the sum of two 
thousand dollars ($2,090.00) during any calendar year. (L. ’19, p. 655, sec. 3; 
R. C. S., sec. 2733; P. C., sec. 80.) 

140. Demonstration work 

Such agricultural, home economics or club work experts shall give individual 
instruction and conduct demonstration work with the object of improving the 
agricultural methods and conditions and home conditions of their counties, and 
shall perform such other duties as may be required to carry out the purposes 
of this act, subject to the general supervision and control of the director of the 
bureau of farm development. Such home economics experts shall give indi¬ 
vidual instruction and conduct demonstration work in the buying, preserving 
and preparation of food, the purchase of material and the making of clothing, 



State of Washington 


65 


and in home sanitation and nursing and in home arrangement and housekeep¬ 
ing: Provided, That the hoards of county commissioners shall always have the 
right to cooperate with the department of agriculture in the United States in 
the appointment, maintenance and work of such experts; and in such event, the 
director of the bureau of farm development shall appoint for the county exer¬ 
cising the privilege herein granted, such person or persons as are mutually 
agreeable to the board of county commissioners, the United States department 
of agriculture and the director of the bureau of farm development, and said 
experts shall then be subject to the joint supervision and control of said director 
of the bureau of farm development and the United States department of agri¬ 
culture, and said department of agriculture shall defray such portion as may be 
agreed upon of the salary, office expenses, and other expenses incurred by such 
experts. (L. ’19, p. 655, sec. 4; R. C. S., sec. 2734; P. C., sec. 81.) 

Cross-reference: Community use of school property, sec. 637 et seq. 

1. A school district is without power to pay expenses of transporting a school 
exhibit from the school to a county fair. (Atty. Gen., Oct. 18, 1915.) 

2. The county commissioners have no authority under this section to appropriate 
money or pay the expense account of the county agricultural agent in going to various 
counties and in appearing before the legislature, in advocating legislation. (Atty. Gen., 
Mar. 11, 1919.) 

3. Apportionment can be allowed only for actual school attendance. Whether a 
community meet may be attended by a school and such attendance counted as actual 
school attendance depends upon the character of the meet. If attendance is for a 
strictly educational purpose, is under the supervision of the teacher and the community 
center leader and all pupils are required to attend it is our opinion that such attendance 
can be counted for purposes of apportionment. (Supt. Pub. Instr., Nov. 6, 1920.) 

141. Tax levy 

For the purpose of fully and effectively carrying out the object and pro¬ 
visions of this act, the boards of county commissioners of the counties partici¬ 
pating herein are hereby empowered to levy, appropriate, and set aside such sum 
of money as may be necessary and in the event of failure from any cause to 
levy and appropriate such fund, and until the next annual tax levy, said boards 
of county commissioners are empowered to pay such salaries and expenses from 
the county current expense fund. (L. T9, p. 656, sec. 5; R. C. S., sec. 2735; P. C., 
sec. 82.) / - 

CHAPTER 4—STATE NORMAL SCHOOLS 

142. Establishment and corporate title. 

143. Trustees—appointment—term of office. 

144. Meetings of board. 

145. Annual meeting of principals. 

146. Officers-—by-laws—quorum. 

147. Trustees—their powers and duties. 

148. Boarding houses. 

149. Biennal report of trustees. 

150. Trustees to have no pecuniary interest in contract. 

151. Certificates and diplomas. 

152. Requirements for admission. 

153. Duties of the principal. 

154. Model school. 

155. Trustees to estimate number of pupils required for model 
school. 

156. Selection of pupils from public schools. 

157. Model school, attendance in. 

158. Normal school current fund. 

159. What moneys payable into fund. 

160. Tuition to be free—extension fees—discipline. 

161. Textbooks—library fees. 

162. Courses of study. 

163. Courses of study—diplomas. 

164. Normal extension work. 


—3 







66 


Code of Public Instruction 


165. Establishment and purpose. 

166. Selection of site. 

167. Appointment of trustees. 

168. Opening. 

169. Right-of-way over lands. 

142. Establishment and corporate title 

The state normal school at Cheney, the state normal school at Bellingham, 
the state normal school at Ellensburg, and such other state normal schools as 
may hereafter be established, shall each be under the management and control 
of a board of three trustees, to be known as “board of trustees of the state 

normal school at.” Said trustees shall be appointed by the governor, 

by and with the advice and consent of the senate. (L. ’09, p. 251, sec. 1; R. C. S., 
sec. 4604; P. C., sec. 4820.) 

Cross-reference: Centralia normal school established, sec. 165. 

143. Trustees—appointment—term of office 

All trustees of the state normal schools serving at the time of the passage 
of this act shall continue to hold their respective offices as such trustees for 
the full term for which they were appointed; and thereafter all trustees shall 
be appointed for six years, except in cases of appointments to fill vacancies, in 
which cases the appointment shall be made for the unexpired term of the trustee 
whose office has become vacant. In case of the establishment of any additional 
state normal schools, unless otherwise expressly provided by law, the governor 
shall appoint one trustee for two years, one for four years and one for six years. 
(L. ’09, p. 251, sec. 2; R. C. S., sec. 4605; P. C., sec. 4821.) 

Cross-reference . Appointment of trustees of Centralia normal school, sec. 167. 

144. Meetings of board 

Each board of normal school trustees shall hold two regular or stated 
meetings each year, at such times as may be provided in its by-laws, such special 
meetings shall be held as may be deemed necessary, whenever called by the 
chairman or by a majority of the board. The several boards of normal school 
trustees shall hold one annual meeting each year, at a time and at a place 
agreed upon by the several boards, for the purpose of discussing normal school 
policies, and to agree upon the best means for general betterment. The presi¬ 
dents of the several normal schools shall attend this annual meeting and make 
such reports and offer such suggestions as will enable the trustees to determine 
the greatest needs of these institutions. (L. ’17, p. 507, sec. 1; R. C. S., sec. 
4609; P. C., sec. 4825.) 

145. Annual meeting of principals 

It shall be the duty of the principals of the several state normal schools 
contemplated by this act to meet once annually to consult with each other 
relative to matters concerning their school work, and to discuss methods of 
teaching and plans of management. (L. ’09, p. 256, sec. 14; R. C. S., sec. 4621; 
P. C., sec. 4837.) 

14C. Officers—by-laws—quorum 

Each board of normal school trustees shall elect one of its members chair¬ 
man, and it shall elect a secretary, who may or may not be a member of the 
board. Each board shall have power to adopt by-laws for its government and 
for the government of the school, which by-laws shall not be inconsistent with 
the provisions of this act, and to prescribe the duties of its officers, committees 
and employes. A majority of the board shall constitute a quorum for the trans¬ 
action of all business. (L. ’09, p. 252, sec. 3; R. C. S., sec. 4606; P. C., sec. 4822.) 

1. The board of trustees may prescribe the rules and regulations for the govern¬ 
ment of the school and affix the penalty for their infraction by the pupil. In making 
such rules and regulations, it would be entirely competent and proper for the board of 
trustees to prescribe the procedure whereby such penalty should be enforced against 
pupils charged with a violation of the rules of the school, and could delegate to the 
principal and faculty the power to suspend or expel a pupil for the violation of such 
reasonable rules and regulations as the board prescribed ; or the board could limit the 




State of Washington 


67 


power of the faculty in such a way that final action only could be taken by the board 
itself. _ In the absence, however, of such rules and regulations, the faculty of the school 
have inherent power to enforce reasonable and proper discipline in the school by sus¬ 
pension or expulsion or other reasonable punishment. (Atty. Gen. Ops., 1894-95, p. 57.) 

2. The board of trustees of a state normal school has power to adopt and to 
enforce a regulation prohibiting young women, under penalty of suspension, from rent¬ 
ing a room in a private home occupied by young men and the power to enforce this 
regulation cannot be denied because the parents of the student have selected the home 
in which they wish their daughter to room during her attendance at the normal school. 
(Atty. Gen. Ops., 1917-18, p. 310.) 

147. Trustees—their powers and duties 

Each board of normal school trustees shall have power, and it shall be its 
duty: First. To elect a principal and such other teachers, assistants and em¬ 
ployes as the necessities of the school may require for a period not exceeding 
four years. Second. For good and lawful reasons to discharge any or all such 
teachers and employes. Third. To adopt the necessary textbooks, and to pro¬ 
vide books of reference for the use of students and teachers, and to provide for 
the proper care of the same. Fourth. To have charge of the erection of all 
buildings pertaining to the school, unless otherwise expressly provided, and to 
have the care and management of all buildings and other property belonging to 
the school. Fifth. To audit all accounts against the school, and to certify all 
bills, which may be allowed, to the state auditor, who shall draw warrants on 
the state treasurer for such amounts as he shall find to have been properly or 
legally allowed. Sixth. To purchase all supplies for the use of the school, to 
provide a library suited to its wants, to provide for lectures on subjects pertain¬ 
ing to education and the art or science of teaching, and to do such other things 
not forbidden by law as may become necessary for the good of the school. (L. 
’09, p. 252, sec. 4; R. C. S., sec. 4607; P. C., sec. 4823.) 

Notes on subdivision 1 

1. One would not be incapable of entering into a contract to teach in one of the 
normal schools of the state by reason of not holding a teacher’s certificate: Mackenzie 
v. State, 32 Wash. 657. 

2. The contract of a teacher in a normal school- allowing excuse from work in 
the summer school without providing the conditions of such excuse, and providing that 
the conditions of services as heretofore existing will prevail the coming year, is so 
ambiguous as to admit of parol evidence that it had been the custom to excuse a 
teacher only upon his or her request: Norton v. State, 104 Wash. 248. 

3. A contract to teach in a normal school, providing that the teacher shall forfeit 
pay for the two summer months when excused “at his own request” upon two months’ 
notice to the board, leaves excuse from work optional with the teacher: Id. 

Notes on subdivision 2 

4. Where a teacher is re-elected by the trustees of a normal school for the 
ensuing year, and thereafter expresses her gratification to the secretary of the board 
that she is to have her same work, and during vacation consults with the principal, 
at his request, in regard to her proposed work, acceptance on her part is sufficiently 
shown, and the dispensing with her services subsequently upon abolishing the line of 
work she had conducted, without giving her an opportunity to accept or refuse other 
work in the school, amounts to a breach of contract: MacKenzie v. State, 32 Wash. 657. 

Notes on subdivision 3 

Cross-reference: Trustees may provide textbooks and students shall pay library 
fee, sec. 161. 

Notes on subdivision 4 

5. The trustees do not have control of property deeded to a state normal school 
for the purpose of establishing the school on the property mentioned if buildings were 
not erected upon the block and it has not been used by the trustees for any other 
purpose. Such block is under the control of the land commissioners and the property 
belongs to the state. (Atty. Gen. Ops., 1903-4, p. 34.) 

6. The proceeds of insurance policies upon the property of a state normal school 
are not available for use until appropriated by an act of the legislature. (Atty. Gen. 
Ops., 1905-6, p. 91.) 

7. Proceeds of the sale of a normal school heating plant are not available for use 
until appropriated by an act of the legislature. (Atty. Gen. Ops., 1905-6, p. 91.) 

8. The trustees of a state normal school have power to place insurance on build¬ 
ings. (Atty. Gen. Ops., 1913-14, p. 74.) 

Notes on subdivision 5 

Cross-reference: Uniform system of accounts to be installed for educational in¬ 
stitutions, sec. 841. 

9. The subsequent passage at the same legislative session of a general act estab¬ 
lishing a general uniform system of public schools, which covers the method of con¬ 
ducting normal schools and the auditing and allowance of claims for expenses incurred, 
would not work a nullification of the veto of a special item in the general appropriation 

% 






G8 


Code of Public Instruction 


bill providing for the maintenance of one of the state normal schools : State ex rel. 
Rippetoe v. Cheetham, 17 Wash. 4 83. 

10. Trustees of state normal schools are not entitled to per diem compensation for 
their services. (Atty. Gen. Ops., 1899-1900, p. 127.) 

11. Vouchers of the president of the state college and of a member of the faculty 
of the state university for delivering addresses before the graduating class of the 
Cheney normal school are proper charges against the Cheney normal school fund. 
(Atty. Gen., July 29, 1913.) 

12. Payment of traveling expenses of the members of the faculty of a state 
normal school incurred upon trips made for the purpose of addressing parent-teacher 
meetings and rural schools schould not be allowed from normal school funds, since 
such services are not connected with the work of the school. (Atty. Gen., Apr. 15, 
1915.) 

13. The state is not liable in damages for death caused by the falling of a con¬ 
crete seat located on the campus of a state normal school. (Atty. Gen., May 11, 1920.) 

14. A local improvement assessment levied against the property of a state normal 
school for street and sewer improvements cannot be paid for from an appropriation 
for operation and maintenance of the school. (Atty. Gen., Mar. 28, 1923.) 

Notes on subdivision G 

15. The board of trustees of a state normal school may in the exercise of a sound 
discretion reject an applicant for admission to the school who is found by them, in 
good faith, to be unsuitable to enter the classes. (Atty. Gen. Ops., 1891-92, p. 196.) 

16. The trustees of a state normal school are not required to advertise for bids 
for putting in heating apparatus, furnishing supplies or making repairs. (Atty. Gen. 
Ops., 1901-2, p. 87.) 

148. Boarding houses 

Each board of normal school trustees shall have power to establish and 
maintain a boarding house or houses for the accommodation of students, to 
employ a matron and such other assistance as may become necessary to con¬ 
duct the same, to make such rules for its government and management as they 
may deem necessary, and to charge such rates for board and entertainment as 
will make such boarding house or houses self-sustaining. (L. ’09, p. 252, sec. 5; 
R. C. S., sec. 4608; P. C., sec. 4824.) 

1. Under this section the board of trustees has the right to use money from the 
general maintenance fund to repair, alter or add to a rented building in order to make 
a suitable place for a boarding house or to allow a private party to erect on the 
campus a building to be leased by the board of trustees as a boarding house for the 
school. (Atty. Gen. Ops., 1903-4, p. 103.) 

140. Biennial report of trustees 

Each board of normal school trustees shall biennially on or before the first 
day of October next preceding each regular session of the state legislature of 
this state, make, through its secretary, a report to the governor of the state, 
which report shall be included with and constitute a part of the biennial report 
of the superintendent of public instruction. Said normal school reports shall 
embrace a statement of the receipts and expenditures of the schools, and the 
purpose for which all moneys have been expended; a classified catalogue of all 
students enrolled in each of said schools; a directory of all graduates of each 
school properly classified; the course or courses of study pursued in the several 
schools, and such other information as may be deemed advisable. (L. ’09, p. 
256, sec. 15; R. C. S., sec. 4622; P. C., sec. 4838.) 

Cross-reference: Biennial report of superintendent of public instruction to contain 
reports of all state educational institutions or such portions as he may think advisable, 
sec. 6, subd. 2. 

150. Trustees to have no pecuniary interest in contract 

No normal school trustee shall be awarded any contract for the erection, re¬ 
pair or the furnishing of any building belonging to any state normal school con¬ 
templated by this act, nor for the furnishing of supplies or materials for the 
same; and no such trustee shall act as agent for any publishing house proposing 
to furnish books for such school. Any trustee who shall violate any of the above 
named provisions shall, upon conviction thereof, be fined in any sum not exceed¬ 
ing five hundred dollars, and his office as such trustee shall be declared vacant. 
(L. ’09, p. 256, sec. 16; R. C. S., sec. 4623; P. C., sec. 4839.) 

1. If a normal school trustee who is cashier of a bank is also a stockholder in the 
bank he would be beneficially interested in a contract of deposit made by him, as 
trustee of the normal school, and the depositing of money in the bank by him as trustee 
would be unlawful. But if he is an employe of the bank only, working on a straight 

» 




State of Washington 


69 


salary, he can lawfully hold the position of trustee of the normal school even though 
some of the funds thereof are deposited in the bank that employs him. (Attv. Gen., 
May 21, 1920.) 

151. Certificates and diplomas 

Every certificate and diploma issued by a normal school shall be signed by 
the chairman of the board of trustees, by the president of the normal school 
issuing same, and shall be countersigned by the state superintendent of public 
instruction and sealed with the state seal. Every certificate and diploma shall 
specifically state what course of study the holder has completed, for what length 
of time certificate or diploma is valid in the schools of the state, and there shall 
be appended a statement of subjects showing academic and professional training. 
(L. ’17, p. 508, sec. 4; R. C. S., sec. 4615; P. C., sec. 4832.) 

Cross-references: Normal school certificates and diplomas, sec. 162 ; certificates 
and diplomas to be issued or countersigned by state superintendent, sec. 290 ; cer¬ 
tificate to show on its face the subjects or work upon which credits are given, sec. 291. 

1. The superintendent of public instruction, under sec. 449, has the right to revoke 
any class of certificates or diplomas, including those of the normal department of the 
state university, for non-attendance of the teacher at teachers’ institutes. In all other 
instances, under the provisions of sec. 307, the regents of the state university would 
have the sole power of revocation of normal diplomas granted by the state university. 
(Atty. Gen. Ops., 1905-6, p. 191.) 

2. The superintendent of public instruction has no authority to revoke a certificate 
issued by a Washington state normal school for a cause specified in sec. 307. (Atty. 
Gen., Nov. 6, 1913.) 

152. Requirements for admission 

No person shall be admitted to any state normal school as a student who 
has not attained the age of sixteen years if a male, or fifteen years if a female, 
nor until hy an entrance examination or otherwise he or she shall have estab¬ 
lished the fact that he or she is qualified to enter some one of the grades or 
courses provided for in the course of study. (L. ’09, p. 255, sec. 13; R. C. S., sec. 
4620; P. C., sec. 4836.) 

Cross-references: Preparatory requirements for entrance to the state normal 

schools to be approved by the state board of education, sec. 17, subd. 1 ; subsequent 
enactment as to entrance requirements, sec. 50. 

153. Duties of the principal 

The principal of each state normal school shall have a general supervision 
of the school, shall see that all laws and rules of the board of trustees are ob¬ 
served by teachers and students, that the course or courses of study prescribed 
are faithfully pursued, shall assign students to their proper classes or grades, 
and unless otherwise specially provided, he shall designate the work to be per¬ 
formed by each teacher. He shall, at the close of each school year, make a 
detailed annual report to the board of trustees, containing a classified catalogue 
of all students that have been enrolled during the year, and such other informa¬ 
tion as he may deem advisable or as the board may require, and it shall be 
his duty to superintend the printing of the same. It shall also be his duty, 
when required by the board of trustees, to attend county institutes and other 
educational gatherings, and to lecture upon educational topics that are cal¬ 
culated to enhance the interests of popular education or of his school. The 
board of trustees shall audit and allow all his necessary expenses incurred in 
traveling. (L. ’09, p. 253, sec. 7; R. C. S., sec. 4610; P. C., sec. 4826.) 

Cross-reference: County institutes, sec. 443 et seq. 

1. Professors and instructors in the various state normal schools are entitled to 
reasonable compensation from the institute fund for services rendered at institutes. 
The principals of normal schools, however, are to attend such institutes only by vote 
of the trustees and in no event are they to receive any compensation or expenses from 
the institute fund. (Atty. Gen. Ops., 1911-12, p. 219.) 

154. Model school 

A model school or schools or training departments shall be provided for 
each state normal school contemplated by this act, in which all students, before 
graduation, shall have actual practice in teaching for not less than ninety hours 
under the supervision and observation of critic teachers. All schools or depart¬ 
ments provided for herewith shall organize and direct their work in such a 




70 


Code of Public Instruction 


manner as shall be in harmony with public school needs. (L. ’17, p. 507; sec. 2; 
R. C. S., sec. 4611; P. C., sec. 4827.) 

1. The directors of a school district have no authority to delegate complete man¬ 
agement and control over the graded schools of the district to the officers of a state 
normal school located within the district. (Atty. Gen. Ops., 1911-12, p. 281.) 

2. A question as to whether or not the terms “model school’’ and “training de¬ 
partment” are identical or, if not, the scope of each should in the first instance be 
determined by the joint board of higher curricula. (Atty. Gen. Ops., 1919-20, p. 91.) 

3. The organization and direction of model schools and training departments is 
under the supervision of the boards of trustees of normal schools, who have the right 
to determine when such schools and departments are organized “in such manner as 
shall be in harmony with public school needs.” (Atty. Gen. Ops., 1919-20, p. 91.) 

4. Model schools or training departments can be established only in the district 
where the normal school is located. The normal may teach in such schools or depart¬ 
ments any subjects of the regular normal school curriculum which are included in the 
course of study of the pupils in the model schools or departments. (Atty. Gen. Ops., 
1919-20, p. 95.) 

155. Trustees to estimate number of pupils required for model school 

The board of trustees of any normal school having a model school or train¬ 
ing department in connection therewith, as authorized by section 154, shall be 
authorized, and it shall be their duty on or before the first Monday of September 
of each year, to file with the board of the school district in which such normal 
school is situated, a certified statement showing an estimate of the number of 
public school pupils who will be required to make up such model school, specify¬ 
ing the number required for each grade for which training for students is re¬ 
quired. (L. ’07, p. 180, sec. 1; R. C. S., sec. 4612; P. C., sec. 4828.) 

156. Selection of pupils from public schools 

It shall thereupon be the duty of the board of the school district with 
which such statement has been filed, to apportion for attendance to the said 
training school, a sufficient number of pupils from the public schools under the 
supervision of said board as will furnish to such normal school the number of 
pupils required in order to maintain such training school: Provided, That the 
principal of said normal school may refuse to accept such pupil as in his judg¬ 
ment by reason of incorrigibility, or mental defects would tend to reduce the 
efficiency of said training department. (L. ’07, p. 181, sec. 2; R. C. S., sec. 4613; 
P. C., sec. 4829.) 


157. Model school, attendance in 

Annually, on or before the date for reporting the school attendance of the 
school district in which said model school or training department is situated, 
for the purpose of taxation for the support of the common schools, the board 
of trustees of each such normal school having supervision over the same shall 
file with the board of the school district, in which such model school or train¬ 
ing department is situated, a report showing the number of common school 
pupils at each such model school or training department during the school year 
last passed, and the period of their attendance in the same form that reports 
of public schools are made. The clerk of the school district shall, in reporting 
the attendance in said school district, segregate the attendance at said model 
school or training department, from the attendance in the other schools of said 
district: Provided, That attendance shall be credited to the school district in 
which the pupil resides. (L. ’17, p. 508, sec. 3; R. C. S., sec. 4614; P. C., sec. 
4830.) 

Cross-reference: Apportionment of state school funds based upon attendance, sec. 

765. 

1. Since the model Gaining department of a state normal school is not a common 
school within the meaning of const., art. 9, sec. 2, the legislature has no power to 
provide for apportionment of part of the common school fund for maintenance of a 
model training department: School District v. Bryan, 51 Wash. 498. 

2. The compulsory school law requires the attendance of children in public schools 
or private schools but does not provide that they must attend common schools or 
private schools, and therefore does not tend to show that a model training school 
maintained by a normal school is either a common school or private school for purposes 
of apportionment of funds: State ex rel. School District No. 3 v. Preston, 79 Wash. 286. 




State of Washington 


71 


158. Normal school current fund 

There is hereby created in the state treasury a fund to be known as “the 
normal school current fund.” (L. ’05, p. 73, sec. 3; R. C. S., sec. 5522; P. C., 
sec. 4748.) 

159. What moneys payable into fund 

There shall be paid into.said “the normal school current fund” for the use 
and support of the normal schools of the state: First. All moneys heretofore 
collected or hereafter to be collected from the lease or rental of lands set apart 
by the enabling act or otherwise for the state normal schools. Second. All in¬ 
terest or income arising from the proceeds of the sale of said lands. Third. All 
moneys received or collected as interest on deferred payments on contracts for 
the sale of such lands. (L. ’05, p. 73, sec. 4; R. C. S., sec. 5523; P. C., sec. 4749.) 

1. The fund provided by proceeds of lands granted to the state by the enabling 
act for normal schools is permanent and the principal of such fund cannot be applied 
to payment of the cost of erection of a normal school building: State ex rel. Heuston 
v. Maynard, 31 Wash. 132. 

160. Tuition fees 

No charge shall be made against any student for tuition in any of the 
normal schools contemplated by this act: Provided, That the boards of trustees 
of such schools are hereby authorized and empowered to charge such fees for 
extension work provided for under section 164 as the boards of trustees of the 
several normal schools shall by joint action determine; all fees collected to be 
paid into a revolving fund of the school collecting the same, and to be held by 
the trustees of such school and used and expended by such trustees in carrying 
on the extension work of such school, and to be accounted for In accordance 
with existing laws. All students shall be required to furnish satisfactory evi¬ 
dence of good moral character, and any student may be suspended or expelled 
from any state normal school contemplated by this act who is found to be im¬ 
moral, or who has refused to comply with its rules and regulations for its gov¬ 
ernment. (L. ’21, p. 492, sec. 1; R. C. S., sec. 4614; P. C., sec. 4838.) 

161. Text books 

The board of trustees may provide out of the funds appropriated for the 
purpose, such text books and supplies as are needful for successfully carrying 
into effect the courses of study prescribed. Each student upon admission to 
the school may be required to pay into the library fund of the school a sum 
not to exceed ten dollars, one-half of which shall be applied to the support of 
the general library and reading room, and the remaining half shall be kept as 
indemnity for loss or damage of books belonging to the school in the hands of 
the student, and shall be returned to him after deducting-such amount as may 
be justly charged for all loss or damage beyond reasonable wear. (L. ’09, p. 255, 
sec. 12; R. C. S.. sec. 4619; P. C., sec. 4835.) 

Cross-reference: Trustees may adopt textbooks and provide books of reference, 
sec. 147, subd. 3. 

1. The normal school may purchase textbooks from funds appropriated for main¬ 
tenance or for the library, but moneys paid into the library fund by students may not 
be used for such purchase. (Atty. Gen. Ops., 1901-2, p. 87.) 

162. Courses of study 

The state board of education shall prescribe courses of study for the state 
normal schools as follows: 

Elementary courses of one and two years; advance courses of three or of 
four years; a special advanced course of one year for graduates from colleges 
and universities: Provided, That the four-year advanced course shall not be¬ 
come operative before the year 1920. 

Upon satisfactory completion of any one of these courses a student shall be 
awarded an appropriate certificate or diploma as follows: 

Upon the completion of a one-year elementary course, a normal school ele¬ 
mentary certificate may be issued which shall be valid in the elementary schools 
of the state for a period of two years. Upon the completion of a two-year ele¬ 
mentary course a normal school elementary diploma may be issued which shall 




72 


Code of Public Instruction 


be valid in the elementary schools of the state for a period of five years, and 
which may be renewed for a like period or a normal school life diploma issued 
in its stead: Provided, The holder shows professional growth and furnishes 
evidence of not less than twenty-four (24) months of successful teaching experi¬ 
ence. Upon completion of a three-year advanced course a special normal school 
diploma may be issued which shall be valid in the common schools of the state 
for a period of five years, and which may be renewed for a like period or a 
normal school life diploma issued in its stead: • Provided , The holder shows 
professional growth and furnishes evidence of not less than twenty-four (24) 
months of successful teaching experience. Upon completion of said four-year 
advanced course, an advanced special normal school diploma may be issued 
which shall be valid in the common schools of the state for a period of five 
years, and which may be renewed for a like period or a normal school life 
diploma issued in its stead: Provided, The holder shows professional growth 
and furnishes evidence of not less than twenty-four (24) months of successful 
teaching experience. Upon completion of a one-year advanced course for college 
and university graduates, a graduate normal school diploma may be issued which 
shall be valid in the common schools of this state for a period of five years, 
and which may be renewed for a like period or a normal school life diploma 
issued in its stead on a proper showing of professional growth and evidence of 
not less than twenty-four (24) months of successful teaching experience. (L. 
'17, p. 35, sec. 11; R. C. S., sec. 4542; P. C., sec. 4744.) 

Cross-references: State board of education to approve courses for normal schools, 
sec. 17, subd. 2 ; state normal schools to enforce courses in physical education, sec. 21 ; 
professional training of high school teachers, school supervisors and school superin¬ 
tendents to be offered at the state university and state college only, sec. 48; pro¬ 
fessional training of teachers for the elementary schools to be offered at the state 
normal schools only, sec. 49 ; form of certificates and diplomas, sec. 151 ; principal to 
see that prescribed courses are pursued, sec. 153 ; practice teaching to be required, sec. 
154; extension courses, sec. 164; evidence of successful teaching experience, sec. 296; 
normal school certificates and diplomas included in the classification of certificates and 
diplomas issued by authority of the state, sec. 297 ; certificates of kindergarten depart¬ 
ment of a state normal school, sec. 636. 

1. The normal school authorities are not authorized to accept credits found in 
teachers’ certificates in lieu of a study of the branches in the normal school. The 
state board of education has power to make proper rules to cover this subject. (Atty. 
Gen. Ops., 1903-4, p. 129.) 

2. Neither the principal of a normal school nor anyone under him has any dis¬ 
cretion to excuse graduates from accredited high schools from taking the normal 
school subjects which they have theretofore completed in such high schools. The state 
board of education in adopting the course of study for normal schools may make suit¬ 
able provision to cover this subject. (Atty. Gen. Ops., 1903-4, p. 129.) 

3. One who has satisfactorily completed all prescribed studies of an accredited 
high school and successfully completed all the subjects in the normal school required 
by the state board of education, cannot be required by the normal school authorities to 
take other subjects in the normal school than those prescribed by the state board. 
(Atty. Gen. Ops., 1903-4, p. 136.) 

4. The superintendent of public instruction, under sec. 449, has the right to revoke 
any class of certificates or diplomas, including those of the normal department of the 
state university, for non-attendance of the teacher at teachers’ institutes. In all other 
instances, under the provisions of sec. 307 the regents of the state university would 
have the sole power of revocation of normal diplomas granted by the state university. 
(Atty. Gen. Ops., 1905-6, p. 191.) 

5. It is within the power of the state board to adopt a course of study permitting 
an election as to the branches to be pursued. The normal school courses are intended 
to be uniform throughout the state and any elective course decided upon and adopted 
would have to be applied to all the normal schools of the state. (Atty. Gen Ops 
1907-8, p. 119.) 

6. The person receiving elementary, secondary or other certificates or diplomas 
from the state normal schools should pay the one dollar fee provided for teachers’ 
certificates and the same should be paid in to the county, w r here the person teaches 
school, or the county where he or she resides, if a resident of the state. (Atty. Gen. 
Ops., 1909-10, p. 78.) 

7. The term “common schools” as used in this section with reference to the 
validity of the special normal school diploma and the advanced special normal school 
diploma is used in its restrictive sense and does not include high schools. (Atty. Gen. 
Ops.. 1919-20, p. 125.) 

8. The requirement for advance courses is in the alternative, and the state board 
may prescribe the three-year advance course without prescribing the four-year advance 
course after the year 1920. (Atty. Gen. Ops., 1919-20, p. 125.) 

9. The state board of education has authority to eliminate credit for teaching 

experience as credit toward graduation from a state normal school. (Attv. Gen Ops 
1919-20, p. 125.) ‘ y ’ 

10. The state board of education has power to establish a minimum amount of 
credit for study in residence at the state normal schools, and a maximum amount of 




State of Washington 


73 


credit for study in extension courses as a requirement for the granting of a certificate 
or diploma. (Atty. Gen. Ops., 1919-20, p. 125.) 

11. The superintendent of public instruction has no authority to revoke a cer¬ 
tificate issued by a Washington state normal school for a cause specified in sec. 307. 
(Atty. Gen., Nov. 6, 1913.) 

12. Age restrictions governing issuance of certificates to teach do not apply to 
normal school diplomas. (Atty. Gen., May 4, 1920.) 

13. The state normal schools have no power to grant or confer degrees upon 
students completing the course of study in such schools. (Atty. Gen., June 2, 1923.) 

163. Courses of study—-diplomas 

The state board of education shall prescribe courses of study for the normal 
schools of the state as follows: (1) An elementary course of two years; (2) 
a secondary course of two years; (3) advanced courses of two and three years; 
(4) a complete course of five years; (5) an advanced course of one year for 
graduates from colleges and universities. Upon the satisfactory completion of 
any one of these courses a student shall be awarded an appropriate certificate 
or diploma as follows: Upon the completion of the elementary course, a cer¬ 
tificate to be known as an elementary normal school certificate, which shall 
authorize the holder to teach in any elementary school for a period of two years; 
upon the completion of the secondary course a certificate to be known as a 
secondary normal school certificate, which shall authorize the holder to teach 
in the common schools of the state for a period of three years; upon the com¬ 
pletion of any advanced course a diploma to be known as a normal school 
diploma, which shall authorize the holder to teach in the common schools of 
the state for a period of five years, and upon satisfactory evidence of having 
taught successfully for three years such person shall receive a life diploma 
countersigned by the superintendent of public instruction. Upon the completion 
of the work of the junior year any student may be given a secondary normal 
school certificate by vote of the faculty: Provided , That no one shall receive a 
diploma or secondary normal school certificate who has not attained the age 
of nineteen years, and attended the same state normal school one full school 
year of thirty-six weeks: Provided further, That no one shall receive a secondary 
normal school certificate or a normal school diploma who has not given evi¬ 
dence of ability to teach and govern a school by successful practice in the 
training department for a period of not less than eighteen weeks. The state 
board of education shall also prescribe uniform terms of admission to, and 
graduation from, the state normal schools, and shall define the qualifications 
for admission to each of the several courses. (L. ’09, p. .254, sec. 11; R. C. S., 
sec. 4618; P. C., sec. 4834.) 

Note: This section yields to sec. 162, subsequently enacted, in so far as there is 
conflict. 

164. Normal extension work 

In order to assist teachers who are now in the service and candidates for 
certificates to meet the new requirements in education without undue hardship, 
each normal school shall establish and maintain an extension department. The 
work of the department shall be planned in a manner to supplement the previous 
training of teachers in service in the state, and the subject matter studied shall 
comprise the usual subjects included in the normal school curriculum. 

In order to prevent overlapping of territory in connection with this ex¬ 
tension work, the state board of education shall district the state making a 
definite assignment of territory to each institution. The head of the extension 
department of each normal school after being assigned specific territory shall 
cooperate with the several county superintendents or educational executive 
officers of the several counties in planning the work for each year which shall 
be set forth in writing, a copy to be retained by each and a copy forwarded to 
the state superintendent of public instruction. 

At the close of the year, a report of the work shall be made jointly by the 
extension department and the county superintendent. A copy of the same is to 
be filed with the normal school having charge of the work and a copy to the 
state superintendent of public instruction. 

When agreed to by the county superintendent and approved by the state 
superintendent of public instruction, extension work may be accepted from 
teachers of any county in lieu of the regular teacher’s institute work, when the 




74 


Code of Public Instruction 


actual recitation periods equal the number of hours included in the three days’ 
institute session. 

When any county adopts the above plan in lieu of the regular institute 
session, all moneys accumulated in the regular institute fund and that ap¬ 
propriated to this fund in accordance with the regular provisions of law may be 
expended by the county superintendent of said county to promote the extension 
work in connection with the course and plan agreed upon and set forth in 
writing as heretofore stated. (L. ’17, p. 508, sec. 5; R. C. S., sec. 4617; P. C., 
sec. 4840.) ® 

Cross-references: Normal school curriculum, sec. 163 ; county institutes, sec. 444 
et seq. ; institute fund, sec. 450. . ... 

1. Extension work is to be given only to teachers already in service since the 
policv underlying the provisions of this section seems to be the further training of 
those already qualified to teach and not the preliminary training of those not qualified. 
(Atty. Gen. Ops., 1919-20, p. 91.) 

2. A county may not be divided and parts assigned to the extension territory of 
more than one normal. (Atty. Gen. Ops., 1919-20, p. 91.) 

3. Sec. 49, providing that the “courses of instruction for the professional 
training of teachers for the elementary schools shall be offered and taught at the state 
normal schools only,” must be construed in the light of this section, which was subse¬ 
quently enacted, and so construed does not forbid extension work which in its nature 
cannot be “at” the location of the normal school in the strictest meaning of the term 
“at.” (Atty. Gen. Ops., 1919-20, p. 95.) 

4. The state board of education has power to establish a minimum amount of 
credit for study in residence at the state normal schools, and a maximum amount of 
credit for study in extension courses as a requirement for the granting of a certificate 
or diploma. (Atty. Gen. Ops., 1919-20, p. 125.) 

5. While section 448 makes a time or pay allowance to teachers who attend the 
teachers’ institute held as provided for in sec. 443, those provisions are not applicable 
to the extension work authorized and provided for in this section, and teachers who 
make satisfactory credit in taking extension work are not entitled to such allowance. 
(Atty. Gen., Apr. 10, 1917.) 

6. Adoption of extension work in a county in accordance with provisions of 
sec. 164 terminates the teachers’ institute provided for in secs. 443-453, and normal 
extension work when adopted as a substitute for institute work should be construed as 
compulsory with respect to those teachers who are required to take institute work 
under sec. 447. (Atty. Gen., Apr. 10, 1917.) 

7. There is no provision in the statute which authorizes a county superintendent 
to collect a fee for the attendance of teachers at a summer school held in the county 
jointly by the county superintendent and the extension department of the normal 
school. (Atty. Gen., Apr. 10, 1917.) 

8. A school district cannot pay the expenses or salary of a normal school 
extension worker for coming into the district to deliver a lecture. (Supt. Pub. Instr., 
Sept. 23, 1920.) 

165. Centralia Normal School 

There is hereby established a state normal school to be known as the 
state normal school at Centralia for the purpose of education and training of 
teachers in the art of instruction and government in the public schools of the 
state. (L. T9, p. 410, sec. 1; P. C., sec. 4820a.) 

166. Selection of site 

The governor of the state shall appoint two citizens of the state, who, with 
himself, as chairman, shall constitute a commission to examine and select a 
site for said normal school, which site shall be selected with a view to the 
economical operation of said school and for the convenience of the pupils and 
training classes thereof. The said commission shall meet in the city of Cen¬ 
tralia within ninety days after the taking effect of this act and select a site 
within the corporate limits of the city of Centralia, Lewis county, Washington, 
for such normal school: Provided, That if said commission shall determine that 
there is no suitable site within the corporate limits of the city of Centralia. 
the commission may select a suitable site within one mile of the corporate 
limits of the city of Centralia. The said commission shall have power to ac¬ 
cept on behalf of the state deeds conveying any site so located as a gift to the 
state. (L. T9, p. 410, sec. 2.) 

167. Appointment of trustees 

As soon as said site shall have been selected, the governor shall, in the 
manner provided by law, appoint a board of trustees for such normal school, 






State of Washington 


75 


whose terms, duties and powers shall be as provided by law. (L. ’19, p. 411, 
sec. 3.) 

Cross-references: Terms of normal school trustees, sec. 143 ; powers and duties, 
sec. 147. 

168. Opening 

The board of trustees shall provide for the opening of said normal school 
without unnecessary delay, provided that the board may postpone the opening 
of said normal school until the first day of January, 1922, unless the city of 
Centralia shall furnish to the state, until the first day of January, 1922, without 
expense therefor, except for the maintenance and operating, the necessary 
rooms or buildings for the proper operation and efficient conduct of said school. 
(L. ’19, p. 411, sec. 4.) 

169. Right-of-way over lands 

The board of trustees of the state normal school at Bellingham are 
hereby authorized to grant to the park board of the city of Bellingham without 
charge a right-of-way for a highway over and across any of the lands belonging 
to such school: Provided, That neither the state of Washington, the said state 
normal school, nor any of the lands thereof shall ever be assessed or required 
to pay any part of the cost of construction, improvement, or maintenance of any 
such highway. (L. ’21, p. 201, sec. 1.) 


CHAPTER o—WASHINGTON STATE TRAINING SCHOOL 


170. Establishment. 

171. Aim and purpose. 

172. Commitment of juvenile offenders. 

173. Proceedings after conviction before justice of the peace. 

174. Service of order to show cause. 

175. Hearing before judge and commitment. 

176. Contents of warrant of commitment—expense. 

177. Review of proceedings. 

178. Term of confinement—effect of discharge. 

179. Bills to be certified, audited, etc.—payment of. 

180. Employment of director and matron—appointments. 

181. The superintendent. 

182. Superintendent may appoint assistants. 

183. Superintendent to give bond. 

184. Powers and duties of superintendent. 

185. Investigation by board—inmate to be returned, when. 

186. Separtion of sexes. 

187. Branches to be taught and instruction given—nature of. 

188. Superintendent to make report, when. 

189. Name of school. 

190. Purposes of school. 

191. Causes for commitment. 

192. To be managed by board of control. 

193. Branches to be taught. 


170. Establishment ol‘ 


A reform school shall be and is hereby established to be known as the 
Washington state training school. (L. ’07, p. 171, sec. 1; R. C. S., sec. 10299; 
P. C., sec. 6730.) 


Cross-references: State training school included in the public school system, 

sec. 1 ; similar provisions in the 1909 code of public instruction, sec. 189. 

1. There is no authority for the establishment of a branch of the state training 
schooi at some place other than Chehalis. (Atty. Gen. Ops.. 1911-12, p. 120.) 


171. Aim and purpose of 

Said school to be for the keeping and reformatory training of all youths 
between the ages of eight and eighteen who are residents of the state of Wash- 




76 


Code of Public Instruction 


ington, and who, on presentation to the presiding officer of said school by an 
accompanying officer, parent or guardian, shall be accompanied by a certificate 
of commitment from a court legally authorized to make such commitment. 
(L. ’90, p. 272, sec. 2; R. C. S., sec. 10300; P. C., sec. 6731.) 

Note: Laws 1913, p. 345, sec. 3, fixes the age of discharge at twenty-one years 
for both sexes. 

Cross-references: Contents of warrant of commitment, sec. 176 ; provision of the 
1909 code of public instruction on the same subject matter, sec. 190. 

1. The superior court may enter an order directing the release of a boy com¬ 
mitted by such court to the state training school under the provisions of the juvenile 
court law, but may not order the release of a boy committed under secs. 171, 172, 191, 
or R. C. S., sec. 2276; P. C., sec. 8711. (Atty. Gen. Ops., 1917-18, p. 382.) 

172. Commitment of juvenile offenders 

When a boy of sane mind between the ages of eight and sixteen years, or a 
girl of sane mind between the ages of eight and eighteen (18) years shall, in 
any court of record in this state, be found guilty of any crime except murder 
or manslaughter, or who for want of proper paternal care is growing up in 
mendicancy or vagrancy, or is incorrigible, and complaint thereof is made and 
properly sustained, the court may if in its opinion the accused is a proper 
subject therefor, instead of entering judgment cause an order to be entered that 
said boy or girl be sent to the state reform school, in pursuance of the pro¬ 
visions of this act, and a copy of said order under the seal of said court shall 
be sufficient warrant for carrying said boy or girl to the said school and for his 
or her commitment to the custody of the superintendent thereof. (L. ’05, p. 39, 
sec. 1; R. C. S., sec. 1980; P. C., sec. 6761.) 

Cross-reference: Expulsion from a public school included in similar section of 
1909 code of public instruction as additional cause for commitment, sec. 191. 

1. Under Code Pub. Ins., sec. 185, and Laws 1891, p. 195, sec. 1, a child sixteen 
years of age, who, upon conviction of robbery, has been committed to the state reform 
school, and has been found incorrigible and returned to the court which committed him, 
but sent back by the court to the school whence he was taken and confined in the jail 
of the county where the school is located, is entitled to be discharged therefrom on 
habeas corpus, but he. should be re-delivered to the trustees of the school who should 
return him to the court for sentence under the judgment of conviction for robbery : 
In re Mason, 3 Wash. 609. 

2. A municipal court being under the constitution an inferior court, has no 
jurisdiction to commit a child between the ages of eight and sixteen years to the 
reform school, but is merely authorized to send such child, when found guilty of any 
crime, mendicancy, vagrancy, or incorrigibility to the superior court for further trial, 
under this and the following section : In re Barbee, 19 Wash. 306. 

3. The commitment of boys between the ages of eight and fifteen years to the 
reform school on the ground of vagrancy under former statute, superseded by sec. 191 
herein, is unwarranted, when there was no testimony before the court showing they 
were guilty of vagrancy, or mendicancy, or incorrigibility, or had been convicted of 
crime, and the testimony introduced showed merely that the house in which they lived 
was very dirty, the mother being dead and the father away at work most of the day ; 
that the boys were not clothed as well as some other boys in the community, but that 
they had plenty to eat; that on one occasion they had. with some other boys, broken 
into a house in the neighborhood, but there was nothing in the testimony showing 
how long before ; and when the testimony in their behalf showed that they attended 
school regularly, were not of quarrelsome dispositions, and were regarded by some of 
the witnesses as good boys: State v. Rasch, 24 Wash. 332. 

4. Prior to enactment of the juvenile court law it was held that a child convicted 
of crime and committed to a reform school had a right to be admitted to bail pending 
appeal to the supreme court which had jurisdiction of a writ of habaes corpus to 
admit him to bail: Packenham v. Reed, 37 Wash. 258, but see the holding in State 
ex rel. Grey v. Webster, 122 Wash. 526, note 5, this section. 

5. There is no right of appeal on behalf of a minor from an order of the juvenile 
court adjudging him delinquent and committing him to the state training school since 
the juvenile court act makes no provision for appeal and hence there is no right to 
bail: State ex rel. Gray v. Webster, 122 Wash. 526. 

6. Boys committed to the state training school under the provisions of this act 
may be committed until they reach majority. (Atty. Gen. Ops., 1905-6, p. 224.) 

7. Boys seventeen years of age convicted of the crime of burglary cannot be 
committed to the state training school since only boys between eight and sixteen years 
of age may be committed to such school. The superintendent should not discharge 
such boys but should call the attention of the sheriff and court of the county from 
which they were committed to the situation with the view of having them withdrawn 
from the schools and returned to the court to be sentenced as required by law (Attv 
Gen. Ops., 1905-6, p. 224.) 

8. The state training school can receive only boys between the ages of eight and 
sixteen years and any boy sentenced to the school is entitled to be discharged upon 
arriving at the age of eighteen years. (Atty. Gen. Ops., 1909-10, p. 166.) 



State of Washington 


77 


9. Sec. 191 is not repealed by the juvenile court law and male children to be 
eligible to commitment to the state training school must be of an age between eight 
and sixteen years. (Atty. Gen. Ops., 1913-14, p. 227.) 

10. Children found to be dependents under the juvenile court law may not be 
legally committed to and held in the state school for girls or the Washington state 
training school, as the law authorizes the commitment to these institutions of only 
those found to be delinquent under the juvenile delinquency law. (Atty. Gen., Oct. 22, 


173. Proceedings after conviction before justice of the peace 

When a boy of sane mind between the ages of eight and sixteen years or a 
girl of sane mind between the ages of eight and eighteen years, shall be con¬ 
victed before a justice of the peace or other inferior court of any crime, men¬ 
dicancy, vagrancy or incorrigibility, it shall be the duty of said magistrate be¬ 
fore whom he or she may be convicted to forthwith send such boy or girl, to¬ 
gether with all the papers filed in his office upon the subject, under the control 
of some officer, to a judge of a court of record. He shall then issue an order to 
the parent or guardian of said boy or girl, or such person as may have him or 
her in charge, or with whom she or he has last resided, or any known to be 
near related to him or her, or if she or he be alone or friendless then to such 
person as said judge may appoint to act as guardian for the purposes of the 
cases, requiring him of her to appear at the time and place stated in said order 
to show cause why said boy or girl should not be committed to the said state 
reform school for training and reformation. (L. ’05, p. 40, sec. 2; R. C. S., sec. 
1981; P. C., sec. 6762.) 

Cross-reference: Child under the age of eighteen may, instead of being taken 
before a justice of the peace or police magistrate, be taken directly before the juvenile 
court, sec. 390. 

1. A boy between the ages of eight and sixteen years, convicted before a justice 
of the peace of disturbing a public school, who fails to appeal from said judgment to 
the superior court, is not entitled to a rehearing on said charge or a trial by jury upon 
the certification of the proceedings to the superior court for the purpose of determining 
whether he should be sent to the reform school: State v. Packenham, 40 Wash. 403. 

2. Upon an appeal from a judgment of the superior court, upon the certification 
of proceedings before a justice of the peace, wherein a youthful offender was convicted 
of disturbing a public school, errors during the progress of the hearing cannot be 
reviewed in the absence of a statement of facts : Id. 

174. Service of order to show cause 

Said order shall be served by the sheriff or other qualified officer by deliver¬ 
ing a copy thereof personally to the party to whom it is addressed or leaving it 
with some person of full age at the place of residence or business of said party 
and immediate returns shall be made to said judge of the time and manner of 
such service. The fees of the sheriff or other officer under this chapter, shall 
be the same as now or may hereafter be allowed by law for like services. (L. 
’91, p. 196, sec. 3; R. C. S., sec. 1982; P. C., sec. 6763.) 

175. Hearing before judge and commitment 

At the time and place mentioned in said order, or at the time and place 
to which it may be adjourned, if the parent or guardian to whom said order 
may be addressed shall appear, then in his or her presence, or if he or she fail 
to appear, then in the presence of some competent person whom the said judge 
shall appoint as guardian for the purposes of the case, it shall be lawful for 
the said judge to proceed to take the voluntary examination of said boy or girl, 
and to hear the statements of the party appearing for him or her, and such 
testimony in relation to the case as may be produced, and if upon such examina¬ 
tion and hearing the said judge shall be satisfied that the boy or girl is a fit 
subject for the state reform school, he may commit him or her to said school 
by warrant. (L. ’91, p. 196, sec. 4; R. C. S., sec. 1983; P. C., sec. 6764.) 

1. The commitment of boys between the ages of eight and fifteen years to the 
reform school on the ground of vagrancy, superseded by sec. 191 herein, is unwarranted, 
when there was no testimony before the court showing they were guilty of vagrancy, 
oj* mendicancy, or incorrigibility, or had been convicted of crime, and the testimony 
introduced showed merely that the house in which they lived was very dirty, the 
mother being dead and the father away at work most of the day , that the bo^s weie 
not clothed as well as some other boys in the community, but that tney had plentj 
to eat: that on one occasion they had, with some other boys, broken into a house in 
the neighborhood, but there was nothing in the testimony showing how long before ; 





78 


Code of Public Instruction 


and when the testimony in their behalf showed that they attended school regularly, 
were not of quarrelsome dispositions, and were regarded by some of the witnesses as 
good boys: State v. Rasch, 24 Wash. 332. 

176. Contents of warrant of commitment—expense 

The judge shall certify in the warrant the place in which said boy or girl 
resided at the time of his or her arrest, also his or her age, as near as can be 
ascertained, and command the said officer to take the said boy or girl, and 
deliver him or her without delay to the superintendent of said school, or other 
persons in charge thereof at the place where the same is located and established; 
and such certificate, for the purpose of this act, shall be conclusive evidence of 
his or her residence or age; accompanying this warrant, the judge shall trans¬ 
mit to the superintendent, by the officer executing it, a statement of the nature 
of the complaint, together with such other particulars concerning he boy or the 
girl as the judge is able to ascertain: Provided , The expense of conveying any 
boy or girl so committed to said state reform school, or returning him or her to 
his or her parent or guardian after his or her release therefrom, shall be at the 
expense of the state. (L. ’91, p. 196, sec. 5; R. C. S., sec. 1984; P. C., sec. 6765.) 

1. There is no authority for payment of expenses of transportation of a boy upon 
temporary release from the state training school and officers of the state are not 
authorized to assume such obligations at the expense of the state. (Atty. Gen. Ops., 
1903-4, p. 104.) 

177. Review of proceedings 

The proceedings of any judge or court may be reviewed on writ of error 
by the superior court, and proceedings before any superior court or judge 
thereof may be reviewed by the supreme court, in the manner provided by law 
for reviewing criminal cases in these courts. (L. ’91, p. 197, sec. 6; R. C. S., 
sec. 1985; P. C., sec. 6766.) 


178/ Term of confinement—effect of discharge 

Each boy commited to the state reform school shall remain there until he 
arrives at the age of eighteen years, and each girl committed to the state reform 
school shall remain there until she arrives at the age of nineteen years, unless 
sooner paroled or legally discharged. The discharge of any boy having arrived 
at the age of eighteen years or of any girl having arrived at the age of nineteen 
years, shall be a complete release from all penalties incurred by conviction of 
the offense for which he or she was committed. (L. ’05, p. 40, sec. 3; R C S 
sec. 1986; P. C., sec. 6767.) 


Note: Laws 1913, p. 345, sec. 3, fixes the age of discharge at twenty-one years 
for both sexes. 


1. The state training school can receive only boys between the ages of eight and 
sixteen years and any boy sentenced to the school is entitled to be discharged upon 
arriving at the age of eighteen years. (Atty. Gen. Ops., 1909-10, p. 166.) 

2. The parole or discharge mentioned must be a parole or discharge emanating 
from authorities in control of the institution and not a modification bv the court of 
commitment. (Atty. Gen. Ops., 1917-18, p. 382.) 


, T ^ e superior court may enter an order directing the release of a boy com¬ 
mitted by such court to the state training school under the provisions of the iuvenile 
court law, but may not order the release of a boy committed under secs 171 172 191 
or R. C. S., sec. 2276; P. C., sec. S711. (Atty. Gen. Ops., 1917-18, p. 382.) ’ 


179. Bills to be certified, audited, etc.—payment of 

All bills against the state for supplies or materials furnished or labor per¬ 
formed in connection with said school shall be certified to by the president and 
secretary of the board of control, and such board shall not certify to any bill 
or sanction the payment of any account for labor performed, or material or sup- 
plies. furnished, except the same shall have been duly contracted for and the 
provisions of the contract fully complied with. All bills and accounts of said 
school shall be audited by the state auditor, who shall draw a warrant on the 
state treasurer for the amount so certified to by the president and secretary of 
the board which warrant.shall state on its face the person in whose favor it is 
drawn, and for what particular purpose it is drawn; but the auditor shall draw 
no warrant for any bill or account connected with said school, except said bill 





State of W ashing ton 


79 


or account be certified to according to the provisions of this act. (L. ’90, p. 274, 
sec. 10; R. C. S., sec. 10301.) 

Note : Powers and duties of the state board of control vested in the director of 
business control, with exception as to the supervision of the education given at the 
state training school. Administrative code, Laws 1921, p. 24, sec. 36; Rem. Comp. 
Stat., sec. 10794; Pierce’s Code, sec. 4-36. 

Cross-reference: Uniform system of accounts and reports for reformatory insti¬ 
tutions to be installed, sec. 841. 4 

180. Employment of director and matron—appointments 

The superintendent shall have immediate control of the male department 
of said school, and shall, by and with the consent of the board, employ a matron, 
who shall have immediate control of the female department of the school, and 
the superintendent shall also appoint such other officers and teachers as may 
be necessary for the management of the school. (L. ’90, p. 275, sec. 13; R. C. S., 
sec. 10302; P. C., sec. 6732.) 

Note: See note to sec. 179 as to transfer of powers of board of control. 
Cross-reference: Girls transferred from the state training school to the state 
school for girls, sec. 206. 

181. The superintendent 

The state board of control shall employ a competent person who shall be 
known as the superintendent of the Washington state training school. He 
shall be the executive head of the said institution, and he shall hold his office 
during the pleasure of the state board of control. (L. ’09, p. 257, sec. 5; R. C. S., 
sec. 4628; P. C., sec. 4845.) 

Note: See note to sec. 179 as to transfer of powers of board of control. 

182. Superintendent may appoint assistants 

The superintendent of the said state training school shall have power to 
appoint all assistants and employes required for the management of the institu¬ 
tion placed in his charge, the number of said assistants and employes to be 
determined and fixed by the state board of control. The superintendent may at 
his pleasure discharge any person therein employed. (L. ’09, p. 257, sec. 6; R. 
C. S., sec. 4629; P. C., sec. 4846.) 

Note: See note to sec. 179 as to transfer of powers of board of control. 

1. The certification of qualification of teachers of “higher and special institutions” 
not being required under that portion of Laws 1897, title IV, p. 427, devoted to such 
institutions, but it being the evident intent of the law that such certification shall! 
apply only to teachers under the common school system, one would not be incapable 
of entering into a contract to teach in one of the normal schools of the state by 
reason of not holding a teacher’s certificate: MacKenzie v. State, 32 Wash. 657. 

183. Superintendent to give bond 

The superintendent, before entering upon the duties of his office, shall 
execute and file with the board a bond, with good and approved securities, in 
the sum of five thousand dollars, conditioned for the faithful performance of 
his duties as superintendent of said training school. (L. ’90, p. 275, sec. 15; 
R. C. S., sec. 10303; P. C., sec. 6733.) 

181. Powers and duties of superintendent 

The superintendent shall be present at all meetings of the board after his 
appointment and qualification, and shall there confer with the board regarding 
the management and interests of the school. He shall have entire supervision 
of the school, subject, however, to the control of the board, and shall hold his 
office during the pleasure of the same. (L. ’90, p. 276, sec. 16; R. C. S., sec. 
10304; P. C., sec. 6734.) 

Note: See note to sec. 179 as to transfer of powers of board of control. 

185. Investigation by board—inmate to be returned, when 

It shall be the duty of the board to investigate any and all complaints made 
against the superintendent, matron, or any employe of said training school, and 
for good and sufficient reason remove the person against whom such complaints 
have been made. The board shall further investigate any and all charges made 






80 


Code of Public Instruction 


by the superintendent against any inmate or inmates of the school, and if, 
after the investigation of such charges, any inmate or inmates of said school 
shall be found incorrigible, unmanageable, or detrimental to the best interests 
of the school, such inmate or inmates, as the case may be, shall be returned to 
the court which made the commitment. (L. ’90, p. 276, sec. 17; R. C. S., sec. 
10305; P. C., sec. 6735.) 

Note: See note to sec. 179 as to transfer of powers of board of control. 

1. Under Code Pub. Ins., sec. 185, and Laws 1891, p. 195, sec. 1, a child sixteen 
years of age, who, upon conviction of robbery, has been committed to the state reform 
school, and has been found incorrigible and returned to the court which committed 
him, but sent back by the court to the school whence he was taken and confined in the 
jail of the county where the school is located, is entitled to be discharged therefrom on 
habeas corpus, but he should be re-delivered to the trustees of the school, who should 
return him to the court for sentence under the judgment of conviction for robbery: 
In re Mason, 3 Wash. 609. 

2. The superior court may enter an order directing the release of a boy com¬ 
mitted by such court to the state training school under the provisions of the juvenile 
court law, but may not order the release of a boy committed under secs. 171, 172, 191, 
or R. C. S., sec. 2276; P. C., sec. 8711. (Atty. Gen. Ops., 1917-18, p. 382.) 

18(j. Separation of sexes 

Said state training school shall consist of two departments, one for the 
male and one for the female inmates, and the two departments shall be entirely 
separate. The matron shall be directly accountable to the superintendent for 
the management of the female department of the school. (L. ’90, p. 276, sec. 18; 
R. C. S., sec. 10306; P. C., sec. 6736.) 

187. Branches to be taught and instruction given—nature of 

All the branches taught in the public schools of the state shall be taught 
in the state training school, and the inmates shall be taught and trained in 
morality, temperance, and frugality, and they shall also be instructed in the 
different trades and callings of the two sexes, as far as possible in the scope of 
the institution. (L. ’90, p. 276, sec. 19; R. C. S., sec. 10307; P. C., sec 6737.) 

Note : Powers and duties of the state board of control vested in the director of 
business control, with exception as to the supervision of the education given at the 
state training school. Administrative code, Laws 1921, p. 24, sec. 36 ; Rem. Comp. 
Stat., sec. 10794 ; Pierce’s Code, sec. 4-36. 

Cross-references: State training school included in the public school system, 

sec. 1 ; similar provision in the 1909 code of public instruction, sec. 193 ; branches to 
be taught in the common schools specified, sec. 247. 

1. The state board of control has authority to establish a printing plant at the 
state training school as a manual training department. (Atty. Gen. Ops., 1901-2, 
p. 233.) 

188. Superintendent to make report, when 

The superintendent shall, at the close of each year, make a full and com¬ 
plete report to the board of the condition, number, and standing of the inmates 
of the school, as well as the number received and the number dismissed during 
the year, and he shall give such further information as the board may require. 
(L. ’90, p. 276, sec. 21; R. C. S., sec. 10308; P. C., sec. 6738a.) 

Note: See note to sec. 187 as to transfer of powers of board of control. 

189. Name of school 

The reform school at Chehalis, in Lewis county, shall be known as the 
Washington state training school. (L. ’09, p. 256, sec. 1; R. C. S., sec. 4624; P. 
C., sec. 4841.) 

Note : This chapter does not harmonize with other general laws on this subject. 
Cross-reference: Similar provision of the general law, sec. 170. 

1. There is no authority for the establishment of a branch of the slate Uaining 
school at some place other than Chehalis. (Atty. Gen. Ops., 1911-12, p. 120.) 

190. Purposes of school 

The said school shall be for the keeping and reformatory training of all 
youths between the ages of eight and eighteen years who are residents of the 





State of Washington 


81 


state of Washington and who are committed to said institution by a court of 
competent jurisdiction. (L. ’09, p. 256, sec. 2; R. C. S., sec. 4625; P. C., sec. 4842.) 

Cross-reference: Provision of the general law on the same subject-ma.tter, sec. 171. 

•* , Tlie superior court may enter an order directing the release of a boy com¬ 
mitted by such court to the state training school under the provisions of the juvenile 
court law, but may not order the release of a boy committed under secs. 171 172 19] 
or R. C. S., sec. 2276; P. C., sec. 8711. (Atty. Gen. Ops., 1917-18, p. 382.) 

191. Causes for commitment 

When a boy of sane mind between the ages of eight and sixteen years or 
a girl of sane mind between the ages of eight and eighteen (18) years shall, in 
any court of record in this state, be found guilty of any crime except murder, 
or manslaughter, or highway robbery, or who for want of proper paternal care 
is growing up in mendicancy or vagrancy, or is incorrigible, or has been ex¬ 
pelled from a public school, and complaint thereof is made and properly sus¬ 
tained, the court may if in its opinion the accused is a proper subject therefor, 
instead of entering judgment cause an order to be entered that said boy or girl 
be sent to the state training school, in pursuance of the provisions of this act, 
and a copy of said order under seal of said court shall be sufficient warrant 
for carrying said boy or girl to the said school and for his or her commitment 
to the custody of the superintendent thereof. (L. ’09, p. 257, sec. 3; R. C. S 
sec. 4626; P. C„ sec. 4843.) 

Note: Laws 1913, p. 345, sec. 3, fixes the age cf discharge at twenty-one years 
for both sexes. 

Cross-references: Similar provision of the general law, sec. 172; delinquent girls 
to be committed to state school for girls, sec. 199 ; grounds for expulsion from school, 
sec. 351. 

1. Under Code Pub. Ins., sec. 185, and Laws 1891, p. 195, sec. 1, a child sixteen 
years of age, who, upon conviction of robbery, has been committed to the state reform 
school, and has been found incorrigible and returned to the court which committed him, 
but sent back by the court to the school whence he was taken and confined in the jail 
of the county where the school is located, is entitled to be discharged therefrom on 
habeas corpus, but he should be re-delivered to the trustees of the school who should 
return him to the court for sentence under the judgment of conviction for robbery: 
In re Mason, 3 Wash. 609. 

2. A municipal court being under the constitution an inferior court, has no 
jurisdiction to commit a child between the ages of eight and sixteen years to the 
reform school, but is merely authorized to send such child, when found guilty of any 
crime, mendicancy, vagrancy, or incorrigibility to the superior court for further trial, 
under this and the following section: In re Barbee, 19 Wash. 306. 

3. The commitment of boys between the ages of eight and fifteen years to the 
reform school on the ground of vagrancy under former statute, superseded by sec. 191 
herein, is unwarranted, when there was no testimony before the court showing they 
were guilty of vagrancy, or mendicancy, or incorrigibility, or had been convicted of 
crime, and the testimony introduced showed merely that the house in which they lived 
was very dirty, the mother being dead and the father away at work most of the day ; 
that the boys were not clothed as well as some other boys in the community, but that 
they had plenty to eat; that on one occasion they had, with some other boys, broken 
into a house in the neighborhood, but there was nothing in the testimony showing 
how long before ; and when the testimony in their behalf showed that they attended 
school regularly, were not of quarrelsome dispositions, and were regarded by some of 
the witnesses as good boys: State v. Rasch, 24 Wash. 332. 

4. Prior to enactment of the juvenile court law it was held that a child convicted 
of crime and committed to a reform school had a right to be admitted to bail pending 
appeal to the supreme court which had jurisdiction of a writ of habeas corpus to 
admit him to bail: Packenham v. Reed, 37 Wash. 258. but see the holding in State 
ex rel. Grey v. Webster, 122 Wash. 526. note 5. this section. 

5. There is no right of appeal on behalf of a minor from an order of the juvenile 
court adjudging him delinquent and committing him to the state training school since 
the juvenile court act makes no provision for appeal and hence there is no right to 
bail: State ex rel. Gray v. Webster, 122 Wash. 526. 

6. Boys committed to the state training school under the provisions of this act 
may be committed until they reach majority. (Atty. Gen. Ops., 1905-6, p. 224.) 

7. Boys seventeen years of age convicted of the crime of burglary cannot be 
committed to the state training school since only boys between eight and sixteen years 
of age may be committed to such school. The superintendent should not discharge 
such boys but should call the attention of the sheriff and court of the county from 
which they were committed to the situation with the view of having them withdrawn 
from the schools and returned to the court to be sentenced as required by law. (Atty. 
Gen. Ops., 1905-6, p. 224.) 

8. The state training school can receive only boys between the ages of eight and 
sixteen years and any boy sentenced to the school is entitled to be discharged upon 
arriving at the age of eighteen years. (Atty. Gen. Ops., 1909-10, p. 166.) 

9. This section is not repealed by the juvenile court law and male children to be 
eligible to commitment to the state training school must be of an age between eight 
and sixteen years. (Atty. Gen. Ops., 1913-14, p. 227.) 






82 


Code of Public Instruction 


10. Children found to be dependents under the juvenile court law may not be 
legally committed to and held in the state school for girls or the Washington state 
training school, as the law authorizes the commitment to these institutions of only 
those found to be delinquent under the juvenile delinquency law. (Atty. Gen., Oct. 22, 
1921.) 

192. To be managed by board of control 

The state board of control shall have full charge of the management of 
the said state training school. It shall have power to adopt rules and regula¬ 
tions for its government, and shall prescribe, in a manner consistent with the 
provisions of the laws of this state, the duties of the persons connected with 
the management of the institution. (L. ’09, p. 257, sec. 4; R. C. S., sec. 4627; 
P. C., sec. 4844.) 

Note : Powers and duties of the state board of control vested in the director of 
business control, with exception as to the supervision of the education given at the 
state training school. Administrative code, Laws 1921, p. 24, sec. 36 ; Rem. Comp. 
Stat., sec. 10794 ; Pierce’s Code, sec. 4-36. 

193. Branches to be taught 

All branches taught in the first eight grades of the public schools shall be 
taught in the state training school. The inmates shall be taught and trained 
in morality, temperance, frugality, and they shall also be instructed in the dif¬ 
ferent trades and callings of the two sexes, as far as possible, in the scope of 
the institution. (L. ’09, p. 257, sec. 7; R. C. S., sec. 4630; P. C., sec. 4847.) 

Note: See note to sec. 192 as to transfer of powers of board of control. 

Cross-references: State training school included in the public school system, 

sec. 1; similar provision of the general law, sec. 187 ; branches to be taught in the 
common schools specified, sec. 247. 


CHAPTER O—STATE SCHOOL FOR GIRLS 

194. State school for girls. 

195. Site. 

196. Officers. 

197. Superintendent to give bond. 

198. Duties of superintendent. 

199. Age of commitment. 

200. Court record of girl. 

201. Plan of parole. 

202. Conditional parole. 

203. Girls must be of sound mind. 

204. Teachers—part of school system. 

205. Girls may receive wages to be apprenticed. 

206. Transfer of girls from the state training school. 

194. Name of school 

That there be established an institution which shall be known as the state 
school for girls. (L. T3, p. 513, sec. 1; R. C. S., sec. 4631; P. C., sec. 6769.) 

Cross-reference: State school for girls included in public school system, sec. 1. 

195. Site 

The governor shall appoint four electors of the state of Washington, two 
of whom shall be women, who, together with the members of the state board 
of control, shall select a site for such school, to consist of not more than one 
hundred sixty acres of fertile land, and at a cost not to exceed the sum of one 
hundred fifty dollars ($150) per acre, said site to be within a radius of not less 
than one mile and not more than ten miles of the state training school at Che- 
halis. As soon as the site has been selected, the state board of control shall at 
once proceed to the erection and equipment of such buildings as may be neces¬ 
sary, the number, kind and character of which shall be determined by the state 
board of control acting as a joint commission with the four electors above men¬ 
tioned. In the construction and arrangement of buildings, the cottage plan 
shall be followed as far as practicable, each cottage to provide for a group of 



State of Washington 


83 


not to exceed thirty girls: Provided, That the above named electors shall serve 
without compensation other than necessary expenses. (L. ’13, p. 513, sec. 2: R 
C. S., sec. 4632.) 

Note : Powers and duties of state board of control vested in director of business 
control, exception being made as to supervision of the education given at the state 
school for girls. Administrative code, Laws 1921, p. 24, sec. 36 ; Rem. Comp. Stat., 
sec. 10794 ; Pierce’s Code, sec. 4-36. 

196. Officers 

The government, control and business management of such school shall be 
vested in the state board of control. The board shall, with the approval of the 
governor, appoint a suitable superintendent of said school and shall designate 
the number of subordinate officers and employes to be employed, and fix their 
respective salaries, and have power, with the like approval, to make and enforce 
all such rules and regulations for the administration, government and discipline 
of the school as they may deem just and proper, not inconsistent with this act. 
The superintendent and all subordinate officers of the school shall be women: 
Provided, however, If a married woman be appointed superintendent or to any 
subordinate position, the husband of such appointee may, with the consent of the 
board, reside at the institution, and may be assigned such duties or employment 
as the board may prescribe. (L. T3, p. 514, sec. 3; R. C. S., sec. 4633; P. C., 
sec. 6770.) 

Note: See note to sec. 195. 

Cross-reference: Installation of uniform system of accounts and reports for 

reformatory institutions, sec. 841. 

197. Superintendent to give bond 

Before entering upon the discharge of her duties, the superintendent shall 
give a surety bond payable to the state of Washington in such sum as the board 
of control shall prescribe, to be approved by the said board, conditioned for the 
faithful performance of her duties, and that she will faithfully account for all 
moneys, property and effects of the institution or the inmates instrusted to her 
care. (L. ’13, p. 514, sec. 4; R. C. S., sec. 4634; P. C., sec. 6771.) 

Note : See note to sec. 195. 


198, Duties of superintendent 

The superintendent, subject to the direction and approval of the board of 
control shall: (1) Have general supervision and control of the grounds and 
buildings of the institution, the subordinate officers and employes, and the 
inmates thereof, and all matters relating to their government and discipline; 
(2) make such rules, regulations and orders, not inconsistent with law or with 
the rules, regulations or directions of the board of control, as may seem to her 
proper or necessary for the government of such institution and for the employ¬ 
ment, discipline and education of the inmates; (3) exercise such other Powers, 
and perform such other duties as the board of control may prescribe; and (4) 
have power to engage and remove all employes, subject to the approval of the 
board of control. (L. ’13, p. 515, sec. 5; R. C. S., sec. 4635; P. C., sec. 6772.) 

Note: See note to sec. 195. 


199. Age of commitment 

Any girl more than ten and under eighteen years of age, who has been 
found delinquent under the juvenile delinquency law of this state, may De 
committed by the court to the state school for girls, to remain int 

twenty-one years of age, unless sooner paroled or discharged as provided 
Sons 20i y and 202 o! ihis act, and such commitment fall not be subject to 
modification or revocation. (L. 13, p. 515, sec. 6, R. C. S., se . > ’ 

6773 ) 

Cross-references: Juvenile delinquency defined, sec. 379; commitment by the 

at the school It would be the duty of the board of control to secure proper apart^ 
elsewhere and to pay the expenses out of the ™amtena .c being imprisoned, 

The board would be authorized thereafter, on account of the motner De g n 





84 


Code of Public Instruction 


to proceed under the statutes and submit the matter to the superior court, which has 
authority to transfer in such cases the care and custody of the child to some benevolent 
society or to the county commissioners. (Atty. Gen. Ops., 1907-8, p. 283.) 

2. The status of a girl who has been committed to the state school under sentence 
for the commission of a crime is in no way affected by the fact that at the time of 
such sentence she happened to be married, even though her husband was of full age. 
(Atty. Gen. Ops., 1913-14, p. 88.) 

3. The parole of a girl committed to the state training school prior to 1913 when 
she was under nineteen years of age may be revoked and she may lawfully be taken 
into the custody of the state school for girls although she was subsequently paroled 
and is now under the age of twenty-one and over the age of eighteen years. (Atty. 
Gen. Ops., 1915-16, p. 301.) 

4. A judge of the superior court has no power to modify or revoke an order 
committing a girl to the state school for girls. (Atty. Gen. Ops., 191.7-18, p. 273.) 

5. Children found to be dependents under the juvenile court law may not be 
legally committed to and held in the state school for girls or the Washington state 
training school, as the law authorizes the commitment to these institutions of only 
those found to be delinquent under the juvenile delinquency law. (Atty. Gen., Oct. 22, 
1921.) 

200. Court record of girl 

The superior court shall cause a memorandum to be made and kept of the 
name, age, birthplace, occupation, last place of residence, and previous record of 
such girl, and the names and places of residence of the parents, next of kin or 
guardian of such girl, a copy of which shall be furnished to the superintendent 
at the time of the commitment to the school. The court shall find and determine 
the age of the girl, which shall be stated in the order for commitment. Such 
finding shall be conclusive evidence as to such age in any action to recover 
damages for detention and shall be presumptive evidence in any other inquiry, 
action or proceeding. (L. ’13, p. 515, sec. 7; R. C. S., sec. 4637; P. C., sec. 6774.) 

201. Plan of parole 

The board of control, acting with the superintendent, shall, under a system 
of marks, or otherwise, fix upon a unifom plan by which girls may be paroled 
or discharged from the school, which system shall be subject to revision from 
time to time. Each girl shall be credited for personal demeanor, diligence in 
labor or study and for the results accomplished, and charged for derelictions, 
negligence or offense. The standing of each girl shall be made known to her as 
often as once a month. (L. T3, p. 516, sec. 8; R. C. S., sec. 4638; P. C., sec. 
6775.) 

Note: See note to sec. 195. 

202. Conditional parole 

Every girl shall be entitled to a trial on parole before reaching the age of 
twenty years, such parole to continue for at least one year unless violated. The 
superintendent and resident physician, with the approval of the board of control, 
shall determine whether such parole has been violated. Any girl committed to 
the school who shall escape therefrom, or who shall violate a parole, may be 
apprehended and returned to the school by any officer or citizen on written 
order or request of the superintendent. Any person who shall go upon the school 
grounds except on lawful business, or by consent of the superintendent, or who 
shall entice any girl away from the school, or who shall in any way interfere 
with its management or discipline, shall be guilty of a misdemeanor. (L. T3, 
p. 516, sec. 9; R. C. S., sec. 4639; P. C., sec. 6776.) 

Note: See note to sec. 195. 

203. Girls must be of sound mind 

No girl shall be received in the state school for girls who is not of sound 
mind, or who is subject to epileptic or other fits, or is not possessed of that 
degree of bodily health which should render her a fit subject for the discipline 
of the school. It shall be the duty of the court committing her to cause such 
girl to be examined by a reputable physician to be appointed by the court, who 
will certify to the above facts, which certificate shall be forwarded to the school 
with the commitment. Any girl who may have been committed to the school, 
not complying with the above requirements, may be returned by the superin¬ 
tendent to the court making the commitment, or to the officer or institution last 




I 


State of Washington 


85 


having her in charge. The board of control shall arrange for the transporta¬ 
tion of all girls to and from the school. (L. ’13, p. 516, sec. 10; R. C. S., sec. 
4640; P. C., sec. 6777.) 

Note: See note to sec. 195. 

1. A girl committed to the state school for girls and thereafter found to be 
subnormal mentally and to be suffering from epilepsy cannot be transferred to the 
state custodial school without order of the court and the procedure outlined in this 
section should be pursued. (Atty. Gen., June 6, 1921.) 

204. Teachers—Part of school system 

It shall be the duty of the superintendent, subject to the approval of the 
board of control, to employ teachers, and as far as practicable, to instruct the 
girls in all of the branches usually taught in the grades of the common schools 
of the state, also in such trades and vocational occupations as may be found de¬ 
sirable. The educational work of the school shall be a part of the educational 
system of the state, and as such shall be under the supervision of the state board 
of education. Only those certified by the state superintendent of public instruc¬ 
tion shall be employed as teachers. (L. ’13, p. 517; sec. 11; R. C. S., sec. 4641; 
P. C., sec. 6778.) 

Note : See note to sec. 195. 

Cross-references: State school for girls included in the public school system, 

sec. 1 ; teachers’ certificates, sec. 291 et seq. 

205. Girls may receive wages or be apprenticed 

The superintendent shall have power to place any girl under the age of 
eighteen years at any employment for account of the institution or the girl em¬ 
ployed, and receive and hold the whole or any part of her wages for the benefit 
of the girl less the amount necessary for her board and keep, and may also, with 
the consent of any girl over fourteen years of age, and the approval of the state 
board of control endorsed thereon, execute indentures of apprenticeship, which 
shall be binding on all parties thereto. In case any girl so apprenticed shall 
prove untrustworthy or unsatisfactory, the superintendent may permit her to be 
returned to the school, and the indenture may thereupon be cancelled. If such 
girl shall have an unsuitable employer, the superintendent may, with the ap¬ 
proval of the board of control, take her back to the school, and cancel the inden 
ture of apprenticeship. All indentures so made shall be filed and kept in the 
school. A system may also be established, providing for compensation to girls 
for services rendered, and payments may be made from time to time, not to ex¬ 
ceed in the aggregate to any one girl the sum of twenty-five dollars for each 
year of service. (L. ’13, p. 517, sec. 12; R. C. S., sec. 4642; P. C., sec. 6779.) 

Note: See note to sec. 195. 

206. Transfer of girls from the state training school at Chehalis 

As soon as the school buildings have been erected and equipped all girls 
then in the Washington state training school at Chehalis, shall be transferred 
to the state school for girls, all who may then be on parole shall be transferred 
to the supervision of said school. Both shall thereafter be subject to all the 
laws, rules, and regulations governing the school last mentioned. (L. ’13, p. 517, 
sec. 13; R. C. S., sec. 4643.) 




86 


Code of Public Instruction 


CHAPTER 7 —STATE SCHOOL FOR BLIND AND STATE SCHOOL FOR 

DEAF 

207. State school for blind and state school for deaf. 

208. To be managed by department of business control. 

209. Qualifications of superintendent. 

210. Tuition to be free. 

211. The annual term. 

212. May admit persons from other states. 

213. School clerks must report defectives. 

214. Report of county superintendent. 

215. County superintendent to enforce attendance. 

216. In certain cases county to bear expense of transportation. 

217. Penalty for neglect of duty. 

207. Division into separate institutions 

Upon the taking effect of this act, the state school for the deaf and blind 
at Vancouver shall be divided into two institutions, one for the blind to be 
known as the state school for the blind, and one for the deaf to be known as 
the state school for the deaf, each of said institutions to be located at Vancouver. 
The state board of control shall appoint a superintendent for each institution. 
All provisions of law relating to the state school for the deaf and blind shall, 
so far as the same are applicable, govern the management of the state school 
for the deaf and the state school for the blind hereby created. (L. ’13, p. 6, sec. 
1; R. C. S., sec. 4645; P. C., sec. 4849.) 

Note : Powers and duties of state board of control vested in director of business 
control, exception being made as to supervision of education given at the state school 
for the deaf, and the state school for the blind. Administrative code, Laws 1921, p. 24, 
sec. 36; Rem. Comp. Stat., sec. 10794; Pierce’s Code, sec. 4-36. 

208. To be managed by board of control 

The state school for the deaf and the blind at Vancouver shall be under 
the direction of the state board of control, and the funds for its maintenance 
shall be appropriated by the legislature of the state of Washington. (L. '09, p. 
258, sec. 1; R. C. S., sec. 4644; P. C., sec. 4848.) 

Note : See note to sec. 207. 

209. Qualifications of superintendent 

The superintendent shall be appointed by the state board of control, for 
a term of four years, subject to removal at the discretion of the board of control. 
Said superintendent must be not less than thirty nor more than seventy years 
of age and must be practically acquainted with the school management and 
class instruction of the deaf and the blind, having had at least ten years actual 
experience in teaching in schools for the deaf and the blind. The superintendent 
shall have power to appoint all subordinates. The state board of control shall 
have power to fix the number of employes and the salary paid each and may 
discharge any employe at its discretion. (L. ’09, p. 258, sec. 5; R. C. S., sec. 
4649; P. C., sec. 4853.) 

Note: See note to sec. 207. 

1. The certification of qualification of teachers of “higher and special institutions” 
not being required under that portion of Laws 1897, title IV, p. 427, devoted to such 
institutions, but it being the evident intent of the law that such certification shall 
apply only to teachers under the common school system, one would not be incapable 
of entering into a contract to teach in one of the normal schools of the state by 
reason of not holding a teacher’s certificate: MacKenZie v. State, 32 Wash. 657. 

210. Tuition to be free 

The institution shall be free to residents of the state of Washington who are 
between the ages of six and twenty-one years, and who are deaf and blind, or 
either deaf or blind: Provided, That they are free from loathsome or contagious 
diseases. (L. ’09, p. 258, sec. 3; R. C. S., sec. 4647; P. C., sec. 4851.) 

1. The department of business control may legally adopt a regulation for the 
government of the state school for the deaf and the state school for the blind requiring 
pupils therein to submit to the Wasserman blood test at reasonable times. (Atty. 
Gen. Ops., 1915-16, p. 293.) 



State of Washington 


87 


211. The animal term 

The regular term of said school shall begin on the second Wednesday of 
September, and close on the second Wednesday of the following June. (L. ’09, 
p. 258, sec. 2; R. C. S., sec. 4646; P. C., sec. 4850.) 

1. The granting of an appropriation for a summer school for adults at the state 
school for the blind is a legislative recognition of the power of the state board of 
control to establish and conduct such a school. (Atty. Gen. Ops., 1915-16, p. 85.) 

212. May admit persons from other states 

The state board of control may admit to this school deaf or blind children 
from other states, but the parents or guardians of such children will be re¬ 
quired to pay annually or quarterly in advance a sufficient amount to cover 
the cost of maintaining and educating such children. (L. ’09, p. 258, sec. 4; 
R. C. S., sec. 4648; P. C., sec. 4852.) 

Note: See note to sec. 207. 

213. School clerks must report 

It shall be the duty of the clerks of all school districts in the state of 
Washington at the time for making the annual reports to report to the school 
superintendent of their respective counties the names of all deaf, mute, or blind 
youth residing within their respective districts who are between the age of 
six and twenty-one years. (L. ’09, p. 258, sec. 6; R. C. S., sec. 4650; P. C., sec. 
4854.) 

Cross-references: School clerks to list defectives between the ages of five and 
twenty-one in the school census, sec. 587, subd. 3 ; annual report of school clerk to the 
county superintendent, sec. 587, subd. 4 ; secretaries of first class districts to include 
lists of defectives in school census and make report to county superintendent, sec. 662. 

214. Report of comity superintendent 

It shall be the duty of each county school superintendent to make a full 
and specific report of such deaf, mute or blind youth to the county commis¬ 
sioners of his county at file regular meeting of said commissioners held in 
August in each year. He shall also, at the same time, transmit a duplicate 
copy of said report to the state board of control and the superintendent of the 
school for the deaf and the blind. (L. ’09, p. 259, sec. 7; R. C. S., sec. 4651; P. C., 
sec. 4855.) 

Note: See note to sec. 207. 

215. Comity superintendent to enforce attendance 

It shall be the duty of the parents or the guardians of all such deaf or 
blind youth to send them each year to the said state school for the deaf and 
the blind. The county superintendent shall take all action necessary to enforce 
this section or [of] this act: Provided , That if satisfactory evidence shall be 
laid before the county superintendent that any deaf or blind youth is being 
properly educated at home or in some suitable institution other than the state 
school for the deaf and the blind, the county superintendent shall take no other 
action in such case further than to make a record of such fact, and take such 
steps as may be necessary to satisfy himself that such defective youth shall 
continue to receive a proper education. (L. ’09, p. 259, sec. 8; R. C. S., sec. 4652; 
P. C., sec. 4856.) 

216. In certain cases county to bear expense of transportation 

If it appears to the satisfaction of the county commissioners that the parents 
of any such deaf or blind youth within their county are unable to bear the 
expense of sending and returning them to said state school, it shall then be the 
duty of the commissioners to send and return them to and from said school or 
to maintain them at said school during vacation at the expense of the county. 
(L. ’09, p. 259, sec. 9; R. C. S., sec. 4653; P. C., sec. 4857.) 







88 


Code of Public Instruction 


217. Penalty for neglect of duty 

Any parent, guardian, school superintendent or county commissioner who 
shall, without a proper cause, fail to carry into effect the provisions of this 
act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
upon the complaint of any officer or citizen of the county or state, before any 
justice of the peace or superior court, shall be fined in any sum not less than 
fiftv nor more than two hundred dollars, in the discretion of the court. (L. 
’09," p. 259, sec. 10; R. C. S., sec. 4654; P. C., sec. 4858.) 


218. 

219. 

220 . 
221 . 
222 . 

223. 

224. 

225. 

226. 

227. 

228. 

229. 

230. 

231. 

232. 

233. 

234. 

235. 

236. 

237. 

238. 

239. 

240. 

241. 

242. 


CHAPTER 8—STATE CUSTODIAL SCHOOL 

Establishment. 

Location. 

Change of name. 

To be managed by board of control. 

Who may be admitted. 

Feeble-minded adults may be admitted. 

May admit children from other states. 

Admission—tuition free to residents of state. 

Child may be entered under tuition fee. 

Cost of clothing to be charged to estate. 

Form of application. 

County superintendents to approve application. 

School officers to report defectives. 

School clerks to report defectives to county superintendent. 
Superintendent to report to commissioners and board of control. 
Compulsory attendance. 

Parents to send defective children. 

County to pay expense, when. 

Transportation of poor. 

Period of detention. 

Patients may be held after majority. 

Fireproof buildings—sexes separated. 

School training—agricultural training. 

Penalty for violation of act. 

Neglect of duty—penalty. 


218. Establishment 

A state institution hereby is established to be known as “the state institu¬ 
tion for feeble-minded,” for the care and education of the defective and feeble¬ 
minded youth of the state of Washington. (L. ’05, p. 133, sec. 1; R. C. S., sec. 
4655; P. C., sec. 4859.) 


219. Location 

The location of the said institution shall be near Medical Lake, in Spokane 
county, Washington, and shall be on land now owned by the state of Washington, 
and within two miles of the eastern Washington hospital for the insane. (L. 
’05, p. 133, sec. 2; R. C. S., sec. 4658; P. C., sec. 4861.) 


220. Change of name 

That the name of the state institution established by section 218 be, and 
the same is hereby, changed to, and said institution shall hereafter be known as 
“the state custodial school.” (L. ’17, p. 224, sec. 1; R. C. S., sec. 4656; P. C., 
sec. 4860.) 

221. To be managed by board of control 

The state institution for feeble-minded now located at Medical Lake shall 
be under the direction of the state board of control, and funds for its main- 




State of Washington 


89 


tenance shall be appropriated by the legislature of the state of Washington. 
(L. ’09, p. 260, sec. 1; R. C. S., sec. 4657; P. C., sec. 4862.) 

Note : Powers and duties of the state board of control vested in the director of 
business control, with exception as to the supervision of the custodial care and treat¬ 
ment of inmates of the state custodial school. Administrative code, Laws 1921, p. 24, 
sec. 36 ; Rem. Comp. Stat., sec. 10794 ; Pierce’s Code, sec. 4-36. 

222. Who may be admitted 

The state school and colony shall be free to residents of the state of Wash¬ 
ington under the age of twenty-one years who are feeble-minded, idiotic or 
epileptic, or who are physically defective to such extent as to prevent them 
from being educated in the common schools: Provided, That they are free from 
contagious diseases. Admission may be applied for as follows: 

First. By the father or mother, if father and mother are living together. 

Second. If father and mother are not living together, then by the one hav¬ 
ing the custody of the child. 

Third. By the guardian duly appointed. 

Fourth. By the superintendent or other officer having charge of any in¬ 
stitution or asylum where children are cared for. 

Fifth. By county superintendents of schools and boards of county commis¬ 
sioners. 

Sixth. By juvenile courts under an order of commitment. 

Under items three, four, five and six consent of parents is not required. 
(L. ’13, p. 598, sec. 2; R. C. S., sec. 4660; P. C., sec. 4865.) 

Note : This section does not prescribe the minimum age of six years, as pre¬ 
scribed by earlier enactment, sec. 225. See sec. 229, providing that all applications 
for admission of defectives under twenty-one years of age except those committed by 
the juvenile court, shall be made through the county superintendent of schools. 

Cross-references: County superintendent lo determine value of applicant’s estate 
and financial ability of parents, sec. 227; form of application, sec. 228; clerks to 
report defectives to county superintendent, sec. 231 ; duty of county superintendent to 
enforce attendance, secs. 233 and 234 ; commitment by juvenile court, sec. 386. 

1. The statute only contemplates the free admission of pupils who are residents 
of the state. The term “residents” does not mean residents merely for the purpose of 
attendance at the school, but means an actual bona fide residence and citizenship in 
this state. (Atty. Gen. Ops. 1900-01, p. 16.) 

2. Children committed to a state hospital for the insane, who are declared by 
physicians in charge to be feeble minded and not insane, may be returned by the 
superintendent of the asylum to the county from which they were committed, and it is 
the duty of the county superintendent or county commissioners to have such children 
re-committed to the state custodial school instead of the asylum. If the parents or 
guardian or county authorities are sufficiently interested to arrange for a short cut 
direct from the asylum or home to the custodial school, such procedure would no doubt 
be more satisfactory. (Atty. Gen. Ops., 1907-8, p. 278.) 

3. The mere fact that a child is an Indian does not deprive him of his right to 
be sent to the state custodial school, but if he is the child of Indian parents who have 
not severed their tribal relations, he is not entitled to admission to such school. (Atty. 
Gen. Ops., 1913-14, p. 449.) 

4. A father would have the right to bring to this state a feeble-minded adult 
daughter who was committed during minority to an institution for the feeble-minded 
in another state and have her committed to the state custodial school after he has 
established residence here. The state in which she is now confined under such com¬ 
mitment cannot require the state of Washington to bring her to this state and care for 
her for the reason that statutes providing for deportation of insane or feeble-minded 
persons have no extra-territorial force. (Atty. Gen. Ops., 1917-18, p. 392.) 

223. Feeble-minded adults may be admitted 

Adults under fifty years of age who may he determined to be feeble-minded, 
and who are of such inoffensive habits as to make them proper subjects for 
classification, education and discipline in an institution for feeble-minded, may 
be admitted free upon pursuing the same course of legal commitment as governs 
admission to the hospitals for insane; but no insane persons, or those who are 
proper subjects for county poor farms, hospitals or asylums, or cases of senile 
dementia, shall be admitted to the state school and colony. (L. ’13, p. 600, sec. 
9; R. C. S., sec. 4667; P. C., sec. 4872.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

1. It is the duty of the state, acting through the department of business control, 
to transport feeble-minded adults to the state custodial school in the same manner in 
which it transports insane persons to the hospital for the insane. (Atty. Gen. Ops., 
1921-22. p. 247.) 






90 


Code of Public Instruction 


224. May admit children from other states 

The state board of control may admit to this institution feeble-minded 
children from other states, but the parents or guardians of such children must 
be required to pay annually or quarterly in advance a sufficient amount to 
cover the cost of maintaining and educating such children. (L. ’09, p. 260, sec. 
3; R. C. S., sec. 4674; P. C., sec. 4864.) 

Note: See note to sec. 221 as to transfer of powers and duties of the board of 
control. 

225. Admission—tuition free to residents of state 

The institution shall be free to residents of the state of Washington who 
are between the ages of six and twenty-one years, and who are idiotic or feeble¬ 
minded: Provided, That they are free from loathsome or contagious diseases: 
Provided also, That children who are idiotic, epileptic or afflicted in any par¬ 
ticular that renders them unfitted for companionship with other children shall 
be segregated and provided with suitable accommodations and care in separate 
wards or buildings: Provided further, That expert medical service shall be 
provided for this institution. (L. ’09, p. 260, sec. 2; R. C. S., sec. 4659; P. C., 
sec. 4863.) 

226. Child may be entered under tuition fee 

Any parent or guardian who may wish to enter a child in said institution 
and pay all expenses of care and maintenance, may do so under terms, rules 
and regulations prescribed by the board of control. (L. ’13, p. 600, sec. 11; 
R. C. S., sec. 4669; P. C., sec. 4874.) 

Note: See note to sec. 221 as to transfer of powers and duties of the board of 
control. 

227. Cost of clothing to be charged to estate 

When not otherwise provided, the superintendent shall provide the inmates 
with suitable clothing, the actual cost of which shall be charged against the 
parents, guardian or estate of such inmates; and in the event that such parent, 
guardian or estate is unable or is insufficient to provide or pay for such clothing, 
the same shall be provided by the state. The board of county commissioners, 
county superintendent of schools, or other authorized officers, in recommending 
an applicant for admission to said institution, shall state whether or not such 
person has an estate of sufficient value, or a parent of sufficient financial ability 
to defray the expense in whole or in part for such clothing. The expense of 
personal clothing provided by the state shall be a charge against the parents or 
estate of inmates if such parents or estate are financially able to pay the same, 
after proper investigation, the state may proceed against the party or parties 
or estate and collect the same through the courts as other accounts are collected. 
(L. ’13, p. 600, sec. 12; R. C. S., sec. 4670; P. C., sec. 4875.) 

1. When an adult is admitted to the state custodial school the superintendent 
does not furnish clothes for such inmate. The clothing is to be provided for by the 
state in the event that it is not paid for by the parents, guardian or estate. (Supt. 
Pub. Instr.. Feb. 14, 1922.) 

228. Form of application 

The form of application for admission into said state school and colony 
and the necessary checks against improper admission shall be such as the 
board of control may prescribe and each application shall be accompanied by 
answers under oath to such interrogatories as the said board shall prescribe, 
and county superintendents of schools are hereby authorized to administer 
oaths in such cases. (L. ’13, p. 598, sec. 3; R. C. S., sec. 4661; P. C., sec. 4866.) 

Note: The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. See note to sec. 221 as to transfer of powers and duties of 
the board of control. 

229. County superintendents to approve application 

County superintendents of schools shall cause to be filled out the pre¬ 
scribed blank applications for admission for such children in their respective 
districts, who by reason of mental or physical defects are incapable of receiving 
instruction in the common schools of this state, or whose habits are such as to 





State of Washington 


91 


render them unfit for companionship with normal children, except such as in 
the judgment of the county superintendent are receiving proper care and educa¬ 
tion and are being safely kept at home. All applications for admission of 
defectives under twenty-one years of age except those committed by the juvenile 
court, shall be made through the county superintendent of schools, who shall 
keep a record of such and certify to the board of county commissioners all 
applications that are accepted by the superintendent of the state school and 
colony. (L. ’13, p. 598, sec. 4; R. C. S., sec. 4662; P. C., sec. 4867.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

1. A girl committed to the state school for girls and thereafter found to be sub¬ 
normal mentally and to be suffering from epilepsy cannot be transferred to the state 
custodial school without order of the court, and the procedure outlined in this section 
should be pursued. (Atty. Gen., June 6, 1921.) 

230. School officers to report defectives 

It shall be the duty of the clerks of all school districts in the state of 
Washington, at the time for making the annual reports, to report to the school 
superintendent of their respective counties, the names and addresses of all 
feeble-minded youths residing within their respective districts, who are under 
the age of twenty-one years. And each county school superintendent shall make 
a full report of such defective youth to the county commissioners of their re¬ 
spective counties at their regular August meeting of each year, transmitting a 
copy of said report to the state board of control and the superintendent of the 
state school and colony. (L. ’13, p. 599, sec. 5; R. C. S., sec. 4663; P. C., sec. 
4868.) 

Note: The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. See note to sec. 221 as to transfer of powers and duties of 
the board of control. 

Cross-references: Clerk to list defectives in the school census, sec. 587, subd. 3 ; 
annual report of clerk, sec. 587, subd. 4. 

1. It is not necessary that the children who attend the schools for defectives, 
established by school districts of the first class, be among those reported and listed as 
defective in the annual report of the school clerk in order to entitle the district to 
apportionment for their attendance on the basis of five times the actual days’ attend¬ 
ance. (Atty. Gen., Aug. 25, 1921.) 

231. School clerks to report defectives to county superintendent 

It shall be the duty of the clerks of all school districts in the state of 
Washington at the time for making the annual reports to report to the school 
superintendent of their respective counties the names of all feeble-minded 
youth residing within their respective districts who are between the ages of 
six and twenty-one years. (L. ’09, p. 260, sec. 4; R. C. S., sec. 4675; P. C., sec. 
4879.) 

Cross-references: Clerk to list defectives in the school census, sec. 587, subd. 3 ; 
annual report of clerk, sec. 587, subd. 4. 

232. Superintendent to report to commissioners and board of control 

It shall be the duty of each county school superintendent to make a full 
and specific report of such defective youth to the county commissioners of his 
county at the regular meeting of said commissioners held in August in each 
year. He shall also, at the same time, transmit a duplicate copy of said report 
to the state board of control. (L. ’09, p. 260, sec. 5; R. C. S., sec. 4676; P. C., 
sec. 4880.) 

Note: See note to sec. 221 as to transfer of powers and duties of the board of 
control. 


233. Compulsory attendance 

It shall be the duty of the parents or the guardians of all such defective 
youth to send them each year to the said state custodial school. The county 
superintendent shall take all action necessary to enforce this section of this act: 
Provided , That if satisfactory evidence shall be laid before the county superin¬ 
tendent that any defective youth is being properly educated at home or in some 
suitable institution other than the state custodial school, the county superin¬ 
tendent shall take no other action in such case further than to make a record 



92 


Code of Public Instruction 


of such fact, and take such steps as may be necessary to satisfy himself that 
such defective youth shall continue to receive a proper education. (L. ’09, p. 
261, sec. 6; R. C. S., sec. 4677; P. C., sec. 4881.) 

234. Parents to send defective children 

Upon notification by the superintendent of the state school and colony, 
of acceptance of application for admission, it shall be the duty of the parents or 
the guardian of such defective youth to send them to said institution and the 
county superintendent of schools shall take all action necessary to enforce this 
section of this act. (L. ’13, p. 599, sec. 6; R. C. S., sec. 4664; P. C., sec. 4869.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

235. County to pay expense, when 

If it appears to the satisfaction of the county commissioners that the parents 
of any such defective youth who have been accepted for admission are unable 
to pay the expense of sending them to the said institution, it shall be the duty 
of the commissioners to send them at the expense of the county. (L. ’13, p. 599, 
sec. 7; R. C. S., sec. 4665; P. C., sec. 4870.) 

236. Transportation of poor 

If it appears to the satisfaction of the county commissioners that the parents 
of any such defective youth within their county are unable to bear the expenses 
of sending and returning them to said state school, it shall then be the duty 
of the commissioners to send and return them to and from said school. (L. ’09, 
p. 261, sec. 7; R. C. S., sec. 4678; P. C., sec. 4882.) 

237. Period of detention 

The superintendent of the state school and colony shall detain inmates 
admitted to the institution until satisfied that they are in normal condition and 
safe and competent to be at large, or that they can receive proper care and 
education at the home of relatives, or in some other home or institution. In 
such cases, or for other good and sufficient reasons, he may grant discharges; 
or, in his discretion, permit inmates to visit their homes for stated periods, 
upon request of parents or guardians approved by the county superintendent of 
schools. (L. ’13, p. 600, sec. 10; R. C. S., sec. 4668; P. C., sec. 4873.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

238. Patients may be held after majority 

Inmates arriving at the age of twenty-one years while in the institution, 
and who in the judgment of the superintendent, are unfit to be discharged, shall 
be reported to the superior court of competent jurisdiction, which court, after 
due examination and finding the case a proper subject for institutional care, 
may issue an order of commitment to said state school and colony. (L ’13, 
p. 599, sec. 8; R. C. S., sec. 4666; P. C., sec. 4871.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

239. Penalty for violation of act 

Any parent, guardian or proper officer who shall, without proper cause, 
fail to carry into effect the provisions of this act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, upon the complaint of any officer or 
citizen of the county or state, before any justice of the peace or superior court, 
shall be fined in any sum not less than fifty nor more than two hundred dollars 
($200), in the discretion of the court. (L. T3, p. 601, sec. 15; R. C. S., sec. 4673; 
P. C., sec. 4878.) 

240. Neglect of duty—penalty 

Any parent, guardian, school superintendent or county commissioner who 
shall, without a proper cause, fail to carry into effect the provisions of this act, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, upon 
the complaint of any officer or citizen of the county or state, before any justice 
of the peace or superior court, shall be fined in any sum not less than fifty nor 



State of Washington 


93 


more than two hundred dollars, in the discretion of the court. (L. ’09, p. 261, 
sec. 8; R. C. S., sec. 4679; P. C., sec. 4883.) 

241. Fireproof buildings—sexes separated 

The future construction of the buildings of the state school and colony 
shall be fireproof as far as possible. They shall be in two groups for each sex; 
one for the educational and industrial department and one for the custodial or 
colony department, with such subdivisions as will best classify and separate 
the many diverse forms of the infirmity to be cared for. (L. T3, p. 601, sec. 13; 
R. C. S., sec. 4671; P. C., sec. 4876.) 

Note : The name of the state school and colony was changed to the state cus¬ 
todial school by sec. 220. 

242. School training—agricultural training 

A school department shall be maintained from September 1st to June 1st 
each year, for the benefit of those who can be educated along lines best suited 
to individual capabilities. The processes of agricultural training shall receive 
consideration and the employment of the inmates in the care and raising of 
stock, in dairying and in the cultivation of fruits, vegetables, etc., shall be 
made tributary as far as possible to the maintenance of the institution. Manual 
training shall also be carried on along such lines as will be of the greatest benefit 
to both the inmates and the institution. (L. ’13, p. 601, sec. 14; R. C. S., sec. 
4672; P. C., sec. 4877.) 

1. The certification of qualification of teachers of “higher and special institutions” 
not being required under that portion of Laws 1897, title IV, p. 427, devoted to such 
institutions, but it being the evident intent of the law that such certification shall apply 
only to teachers under the common school system, one would not be incapable of 
entering into a contract to teach in one of the normal schools of the state by reason 
of not holding a teacher’s certificate: MacKenzie v. State, 32 Wash. 657. 


PART III—GENERAL COMMON SCHOOL SYSTEM 
ORGANIZATION, GOVERNMENT AND FUNCTIONS 
CHAPTER 1—THE STATE 

ARTICLE I—DEFINITION, LENGTH OF SESSIONS AND COURSES OF 

STUDY 

243. Common schools defined. 

244. Minimum length of term. 

245. School year. 

246. School day—number of hours—school month. 

247. Subjects to be taught. 

248. For failure to provide for teaching hygiene. 

249. For failure of county superintendent to enforce teaching of 
hygiene. 

243. Common schools defined 

Common schools shall include schools that are maintained at public ex¬ 
pense in each school district and under the control of boards of directors. Every 
common school, not otherwise provided for by law, shall be open to the admis¬ 
sion of all children between the ages of six and twenty-one years residing in 
that school district. (L. ’09, p. 261, sec. 1; R. C. S., sec. 4680; P. C., sec. 4884.) 

Cross-references: Public school system to ipclude common schools, sec. 1 ; children 
under six years of age to be excluded from school, sec. 582, subd. 6 ; admission of 
adults, sec. 630 ; kindergartens to be part of the common school system, sec. 635 ; night 
school attendance to be credited without maximum age limit, sec. 771. 

1. The certification of qualification of teachers of “higher and special institutions” 
not being required under that portion of Laws of 1897, title IV, page 427, devoted 
to such institutions, but it being the evident intent of the law that such certificaton 
shall apply only to teachers under the common school system, one would not be 
incapable of entering into a contract to teach in one of the normal schools of the state 
by reason of not holding a teacher’s certificate: MacKenzie v. State, 32 Wash. 657. 

2. A common school, within Const., art. 9, sec. 2, means one that is common to 
all children of proper age and capacity, free, and subject to, and under the control of 
the qualified voters of the district: School District v. Bryan, 51 Wash. 438. 





94 


Code of Public Instruction 


3. Under a franchise granted to the Seattle Electric Company providing that 
“school children going to and from school shall ride for half fare” the words “school 
children” as employed in the franchise include only those who are commonly referred 
to as school children, not students of the universities or colleges or schools where a 
particular branch of work is pursued. Such students are not entitled to half fare 
rate: State ex rel. Seattle v. Seattle Electric Co., 71 Wash. 213. 

4. A school board is not required to receive a pupil back into the eighth grade 
for the pui-pose of allowing him to review the studies in which he has already been 
graduated. (Atty. Gen. Ops., 1903-4, p. 325.) 

5. A school district of the first class has no authority to establish a school for 
the adult blind. (Atty. Gen. Ops., 1913-14, p. 358.) 

6. Boards of directors of school districts other than of the first class are not 
empowered to require vaccination as a condition of school membership. (Atty. Gen., 
Dec. 16, 1912.) 

7. If property is not situated within a military reservation but is merely owned 
by the United States government and is within the limits of a school district, children 
residing thereon are not to be refused admittance to the school, as the mere fact that 
the government owns title to the premises where such children reside does not operate 
in any way to remove the property from the jurisdiction of the school district or to 
deny school privileges to the children resident thereon. (Atty. Gen., Sept. 23, 1919.) 

" 8. When territory within a school district is included in terrritory ceded to the 
federal government for a military reservation it is no longer a part of the school 
district. (Atty. Gen., Sept. 23, 1919.) 

9. Children residing upon property within a military reservation may be re¬ 
fused admittance to the school of a district adjacent thereto. (Atty. Gen., Sept. 23, 
1919.) 

10. Unvaccinated pupils may be temporarily excluded from school if such exclu¬ 
sion is necessary to prevent an epidemic, but may not be excluded if the danger does 
not exist or has passed. (Atty. Gen., Dec. 2, 1920.) 

11. It is the duty of a school district, as imposed by sec. 1, art. 9 of the con¬ 
stitution of the state of Washington, to educate the children of aliens so long as they 
reside in the district, regardless of their nationality. (Supt. Pub. Instr., Jan. 13, 
1915.) 

12. A school board which fails to provide adequate school facilities for twelve 
or fifteen school children, may be served with a mandamus and required to show cause 
why it should not make provision for educating such children. (Supt. Pub. Instr., 
May 28, 1915.) 

13. There is no law in this state prohibiting any married woman under twenty- 
one years of age from attending public schools. (Supt. Pub. Instr., Sept. 8, 1915.) 

14. A pupil who moves to town to attend school while his parents remain on 
the farm in the country district, would not be considered a resident of the town dis¬ 
trict, as the minor’s residence under ordinary circumstances is the same as that of 
his parents. (Supt. Pub. Instr., Oct. 6, 1915.) 

15. No attendance money can be claimed for a pupil until he is six years of age, 
and he cannot be considered as being six years of age until he reaches his sixth birth¬ 
day. (Supt. Pub. Instr., Dec. 13, 1915.) But see sec. 635, enacted after this ruling 
was made, providing for credit for kindergarten attendance. 

16. The status of a Japanese pupil in this state is the same as that of a native- 
born pupil so far as the law governing the common schools is concerned. (Supt. Pub. 
Instr., Feb. 28, 1920.) 


244. Minimum length of term 

All school districts in this state shall maintain school during at least six 
months each year. (L. ’09, p. 263, sec. 7; R. C. S., sec. 4691; P. C., sec. 4894.) 

Cross-references: District may be disorganized for failure to hold school for the 
minimum term, sec. 514 ; length of term in excess of the minimum may be determined 
by special meeting of the district, sqc. 528; minimum term in districts of the first 
class to be eight months, sec. 661, subd. 5 ; in districts of the second class to be six 
months, sec. 732. 

1. The directors of a school district cannot be compelled to open and maintain a 
public school for a period of six months where it appears that the indebtedness of the 
district, including its bonded and warrant indebtedness, exceeds the one and one-half 
per cent limitation allowed by the constitution and that the bonded indebtedness has 
not been created under a vote of the people authorizing the incurring of indebtedness 
in excess of such limitation, and that there are no moneys on hand for such purposes. 
Stanley v. McGeorge, 17 Wash. 8. 

2. The contract of a school district with a school teacher to teach school for a 
period of eight months is void when the limit of indebtedness of the district has been 
reached and exceeded: Wolfe v. School District No. 2, 58 Wash. 212. 

3. The maintenance of a school for a period of eight months is not such a 
necessity as to render valid a teacher’s contract therefor when the indebtedness in¬ 
curred exceeds the limit authorized by law. Id. 

4. There is no statute imposing a penalty of any kind upon a union high school 
district for failure to maintain school within a certain period after it formation, or 
even to maintain school. (Atty. Gen. Ops., 1921-22, p. 192.) 

5. The logic of the case of Wolfe v. School District No. 32, 58 Wash. 212 (note 2, 
above), would seem to support the conclusion that maintenance of school for a period 
of six months is not such a mandatory purpose as would authorize a school district 
to exceed its current revenues in violation of the provisions of sec. 584. (Atty. Gen , 




95 


State of Washington 


6. The maintenance of school for the minimum term prescribed by sec. 780 is 
subject to the condition that the current revenues of the district be not exceeded, and 
the directors have no authority to exceed the amount of levy that may be made with¬ 
out a vote for the purpose of paying teachers in accordance with their contracts. 
(Atty. Gen., Nov. 8, 1921.) 

7. School directors have authority to determine the length of the school term, 
provided that it shall be at least six months, unless a special meeting of the voters of 
the district is called as provided for in sec. 528 to determine the length of time in 
excess of the minimum length of time prescribed by law that school shall be main¬ 
tained in the district. But if the meeting is called, and its purpose is specified in the 
resolution of the board, or the petition of the voters, to include determination of the 
length of the school term, the power to prescribe the length of the term passes into 
hands of the voters present at the meeting. (Supt. Pub. Instr., May 21, 1921.) 

245. School year 

The school year shall begin on the first day of July and end with the last 
day of June. (L. ’09, p. 262, sec. 4; R. C. S., sec. 4688; P. C., sec. 4891.) 

Cross-references: School year to consist of nine months for specified purposes, sec. 
246 ; fiscal year for school districts defined, sec. 837. 

246. School day—Number of hours—School month 

A school day shall consist of six hours for all pupils above the primary 
grades, exclusive of an intermission at noon; but any board of directors may 
fix as a school day for their district a less number of hours than six: Provided, 
That for pupils belonging to the primary grades the school day shall not be 
less than four hours, exclusive of an intermission at noon, and for pupils belong¬ 
ing to grades above the primary grade the minimum school day shall not be 
less than five hours, exclusive of an intermission at noon. In the absence of 
any by-law or order of the board of directors defining the school day for their 
district, any teacher may dismiss all pupils belonging to the primary grades 
after an attendance of four hours, exclusive of said intermission. The school 
month shall consist of twenty days, or four weeks of five days each, and the 
term “school year,” for all matters pertaining to experience in teaching and 
for all matters pertaining to the granting of or renewing of certificates, shall 
consist of not fewer than nine school months. (L. ’09, p. 262, sec. 3; R. C. S., 
sec. 4687; P. C., sec. 4890.) 

Cross-references: Hours of part-time school sessions prescribed, sec. 278; school 
year defined for credit under the state teachers’ retirement fund law, sec. 338 ; under 
the local retirement fund law. sec. 696 ; evening’s attendance in night schools to be 
counted as half-day’s attendance, sec. 771 ; attendance of less than one hour at a half¬ 
day’s session not to be counted, rule 12, appendix A; teachers to be at their school 
rooms at a specified time before the opening of school, rule 14, appendix A; pupils 
may not be detained more than forty minutes after regular hour for dismissal, rule 5 
of the rules for pupils, appendix A. 

1. The contract between the district and the teacher should specify the time of 
employment by months rather than by days. (Atty. Gen. Ops., 1907-08, p. 281.) 

2. This section merely permits a noon intermission and does not require one. 
The intermission is not to be counted as a part of the minimum number of hours in 
the school day. (Atty. Gen. Ops., 1913-14, p. 40.) 

3. The directors of a school district of the first class may by ruling make the 
school day consist of one session, provided the ruling is not in conflict with any rule 
or regulation of the state board of education requiring the school day to consist of two 
sessions, and the district would not thereby lose the right to its apportionment of 
current state school funds. The length of such session cannot be less than the minimum 
school day. (Atty. Gen. Ops., 1913-14, p. 40.) 

4. A school district has no power to make a contract requiring school to be held 
on Saturday and agreeing to pay a teacher for her services on that day, nor may the 
teacher waive the prohibition that she may not be required to teach on Saturday. No 
liability is attached to the county superintendent if he should register such a contract. 
The county auditor can legally refuse to issue warrants in payment of any claims for 
teaching on Saturday. (Atty. Gen. Ops., 1917-18, p. 356.) 

5. No definite provision is made by law setting the exact hour for the beginning 
or ending of the school day. Evidently it is the intent of the law to leave this matter 
to be fixed by the local school board. (Supt. Pub. Instr., July 19, 1915.) 

6. The district directors have authority to fix the length of the noon intermission. 
(Supt. Pub. Instr., Feb. 26, 1917.) 

7. A half day’s attendance for purposes of apportionment cannot be construed as 
one hour in the morning and one hour in the afternoon so that credit would be received 
for a full day. (Supt. Pub. Instr., Nov. 26, 1920.) 

8. Sec. 246 defines a “school day” as consisting of six hours exclusive of an 
intermission at noon, for all pupils above the primary grades. This does not constitute 
an inhibition against holding school for a longer period than six hours, but in such 
case, all contracts or agreements based upon the school day should be drawn so as 
to designate the number of hours constituting the school day in that particular district. 
(Supt. Pub. Instr., Aug. 10, 1922.) 






96 


Code of Public Instruction 


247. Subjects to be taught 

All common schools shall be taught in the English language, and instruction 
shall be given in the following branches, viz.: Reading, penmanship, orthog¬ 
raphy, written arithmetic, mental arithmetic, geography, English grammar, 
physiology and hygiene with special reference to the effects of alcoholic stimu¬ 
lants and narcotics on the human system, history of the United States, and 
such other studies as may be prescribed by the state board of education. Atten¬ 
tion must be given during the entire course to the cultivation of manners, and 
the fundamental principles of honesty, honor, industry and economy, to the 
laws of health, physical exercise, ventilation and temperature of the school 
room, and not less than ten minutes each week must be devoted to the systematic 
teaching of kindness to not only our domestic animals, but to all living creatures. 
(L. ’09, p. 262, sec. 2; R. C. S., sec. 4681; P. C., sec. 4889.) 

Cross-references: Instruction in physical education to be given, sec. 20 et seq.: 
study of American history and government to be required in high schools, sec. 261 ; 
morality and patriotism must be taught, sec. 315 ; effect of alcohol and narcotics on 
the human system to be presented in program of Temperance and Good Citizenship 
Day, sec. 398 ; plans of schoolhouses of districts of the third class to be approved as 
to heating, lighting and ventilation, secs. 442 and 747 ; directors to cause all school 
houses to be properly heated, lighted and ventilated, sec. 582, subd. 4. 

1. Private schools must be taught in the English language and parents or 
guardians of children of school age who attend private schools at which instruction is 
not given in the English language are amenable to the provisions of the compulsory 
school law, sec. 353. The county superintendent of schools is the proper authority to 
approve or disapprove a private school and the state board of education has no power 
in this matter. (Atty. Gen. Ops., 1919-20, p. 336.) 

2. There is no statute prescribing the number of cubic inches of air space allotted 
to each pupil in the public schools. (Supt. Pub. Instr., March 1, 1915.) 

248. For failure to x>i ovide for teaching hygiene 

Upon complaint in writing being made to any county superintendent by 
any district clerk, or by any head of a family, that the board of directors of 
the district of which said clerk shall hold his office, or said head of family 
shall reside, have failed to make provisions for the teaching of hygiene or have 
failed to require it to be taught, with special reference to the effects of alcoholic 
drinks, stimulants and narcotics upon the human system, as provided by law, 
in the common schools of such districts, it shall be the duty of such county 
superintendent to investigate at once the matter of such complaints, and if 
found to be true, he shall immediately notify the county treasurer of the county 
in which such school district is located, and after the receipt of such notice, it 
shall be the duty of such county treasurer to refuse to pay any warrants drawn 
upon him by the board of directors of such district subsequent to the date of 
such notice and until he shall be notified to do so by such county superintendent. 
Whenever it shall be made to appear to the said county superintendent, and he 
shall be satisfied that the board of directors of such district are complying 
with the provisions of law in this matter, and are causing physiology and 
hygiene to be taught in the public schools of such district as hereinbefore pro¬ 
vided, he shall notify said county treasurer, and said treasurer shall thereupon 
honor the warrants of said board of directors. (L. ’09, p. 358, sec. 4; R. C. S., 
sec. 5046; P. C., sec. 5193.) 

249. For failure of county superintendent to enforce teaching of hygiene 

Any county superintendent of common schools who shall fail or refuse to 
comply with the provisions of the preceding section shall be liable to a penalty 
of one hundred dollars, to be recovered in civil action in the name of the state 
in any court of competent jurisdiction, and the sum recovered shall go into the 
state current school fund; and it shall be the duty of the prosecuting attorneys 
of the several counties of the state to see that the provisions of this section are 
enforced. (L. ’09, p. 358, sec. 5; R. C. S., sec. 5047; P. C., sec. 5194.) 





State of Washington 


97 


ARTICLE II—HIGH SCHOOLS—CLASSIFICATION OF DISTRICTS 

250. High school and non-high school districts. 

251. State board to classify. 

252. Rules for classification. 

253. Coun.ty superintendent to furnish list. 

254. Clerk’s report. 

255. Tax levy. 

256. Amount due, certified to treasurer. 

257. Treasurer to apportion funds. 

258. Students, admission of. 

259. Transportation. 

260. Reimbursement, not tuition charge. 

250. High school and non-high school districts 

For the purposes of this act all school districts in the state of Washington 
shall be and the same are hereby divided into two divisions to be known and 
designated respectively as high school districts and non-high school districts. 
(L. T7, p. 65, sec. 1; R. C. S., sec. 4710; P. C., sec. 4956.) 

251. State board to classify 

The state board of education is hereby empowered, and it shall be the 
duty of said board, to prescribe rules and regulations governing the classifica¬ 
tion of school districts as high school districts and non-high school districts 
and to classify school districts in accordance with such rules and regulations: 
Provided, That any school district which shall, at the time this act goes into 
effect, maintain a two-year high school course shall by such fact be temporarily 
classified as a high school district. Any high school district shall be removed 
from such classification by the state board of education at any time when it 
shall fail to comply with the rules and requirements of such schools, or when 
such district shall fail to advance its high school to a four-year course within 
two years from the time of its classification: Provided further, That for good 
and sufficient reasons the state board of education may grant one or more 
extensions of time for establishing such four-year course. (L. ‘17, p. 66, sec. 2; 
R. C. S., sec. 4711; P. C., sec. 4957.) 

Note : Classification of districts should not be confused with accreditation of high 
schools. As to accreditation see sec. 17, subd. 5. 

1. At the time of making the classification of high school districts the state 
board of education may classify as a high school district a district which is estab¬ 
lishing a four-year high school course for the new school term but during the past 

year has maintained a high school course of less than four years and has been classi¬ 
fied as a non-high school district, but such reclassification, in so far as the levy of 
the non-high school district tax is concerned, cannot become effective until July first 
of the year next following. It would be inadvisable to certify the district to the 
county superintendent as a high school district until after the first Monday in October 
for otherwise the taxing authorities might be misled into omitting the district from 
the current levy for payment of attendance claims for the past year since the 
district was a non-high school district during the year ending on June 30th and it 

would be liable for the non-high school district tax levy to be made in October of th« 

same year. (Atty. Gen., Oct. 21, 1923.) 

252. Rules for classification 

The state board of education shall, within thirty days from the time this 
act goes into effect, provide each county superintendent of schools in the state 
with a copy of the rules and requirements for the classification of districts as 
provided for in this act; and the said board shall, on or before the first day of 
July of each year, certify to the county superintendent of schools of each 
county in the state a complete list of all high school districts in his county. 
(L. 17, p. 66, sec. 3; R. C. S., sec. 4712; P. C., sec. 4958.) 

253. County superintendent to furnish list 

The county superintendent of schools of each county shall, on or before the 
first day of September, certify to the county assessor, the county treasurer, the 
county auditor, and the board of county commissioners of his county, a complete 
list of all high school districts and all non-high school districts in his county. 
(L. 17, p. 66, sec. 4; R. C. S., sec. 4713; P. C., sec. 4959.) 

—4 










98 


Code of Public Instruction 


254. Clerk’s report 

The clerk, or secretary, of every high school district, shall certify under 
oath, as a part of his annual report to the county superintendent of schools to 
be made on or before the fifteenth day of July, as required by law, the following 
facts as nearly as the same can be ascertained: First , the name, post office 
address, county and number of school district if obtainable, of each non-resident 
high school pupil, not a resident of another high school district, enrolled in the 
high school, or high schools, of his district during the school year, with the 
days of attendance of each such non-resident high school pupil. Second, the 
cost per pupil per day of educating high school pupils for the school year in his 
district. For ascertaining such cost the following items of high school expendi¬ 
ture shall be used: Salaries of all high school teachers, supervisors, principals, 
special instructors, superintendent and assistants, janitors, clerks and secre¬ 
taries, stenographers, and all other employes; fuel, light, water, power, tele¬ 
phones, textbooks, office expenses, janitors’ supplies, freight, express, drayage, 
rents for high school purposes, upkeep of grounds, upkeep of shops and labora¬ 
tories, all materials used in instruction, insurance, current ordinary repairs of 
every nature, inspection, promotion of health, and such other current expendi¬ 
tures as may be necessary to efficient operation of the high school, or high 
schools. Expenditures for real estate, construction of buildings, and for other 
permanent improvements and fixtures shall not be included in estimating high 
school expenditures for the purposes of this act. When any item shall, as a 
necessary result of organization, cover both grade and high school work, it 
shall be prorated, as nearly as practicable, by the clerk, or secretary. (L. ’17, 
p. 66, sec. 5; R. C. S., sec. 4714; P. C., sec. 4960.) 

1. If the board of directors of a high school district has entered into an agree¬ 
ment with the directors of a non-high school district in accordance with the provisions 
of sec. 259 jointly to provide and pay for the transportation of high school pupils from 
the non-high school district to the high school in the high school district, the high 
school district’s portion of such expense is to be included as an expense of operation 
under sec. 254 for the purpose of ascertaining the cost per pupil per day. Only the 
high school district’s portion and not the total cost of such transportation is to be 
included. (Atty. Gen. Ops., 1919-20, p. 83.) 

2. Credit against the high school district fund is allowed only for attendance of 
pupils who are residents of non-high school districts. (Supt. Pub. Instr., Dec. 4, 1920.) 

3. There is no objection to providing transportation of post-graduate high school 
students if the district wishes to do so, but if such transportation is provided the 
expense must be borne by the district in which they reside and cannot be charged 
against the high school district fund of the county. It is within the discretion of the 
directors to refuse transportation to post-graduate high school students. (Supt. Pub. 
Instr., Oct. 29, 1921.) 

255. Tax levy 

The county superintendent of schools shall, after verifying such reports, 
certify, on or before the fifteenth day of August each year, to the county com¬ 
missioners of his county and to the county commissioners of such other counties 
as any high school district of his county may have claims against under the 
provisions of this act, the amount of each such high school district claim for 
the cost of educating non-resident high school pupils, and such county commis¬ 
sioners are hereby authorized to levy and shall levy as a tax, not to exceed 
four mills, against all non-high school districts in their respective counties the 
aggregate amount, as certified to them by the county superintendent of schools, 
such levy to be made at the same time and in the same manner as other county 
levies for school purposes are made. In fixing the amount of any such claim 
by a high school district for educating non-resident high school pupils the 
county superintendent shall take the net difference between the cost per pupil 
per day of educating high school pupils in the given high school district and 
the apportionment per pupil per day to such high school district from the state 
current school fund and the county school tax as provided in section 776, such 
difference to be multiplied by the days of attendance of non-resident high school 
pupils in each case. Such amount, when ascertained and certified as provided 
in this act, shall constitute a valid claim against the high school district fund 
hereafter provided for in this act. The above tax shall be collected at the same 
time and in the same manner as other taxes are collected, and shall be segre¬ 
gated by the county treasurer into a fund which shall be designated as the high 
school district fund and which shall be used only for reimbursing high school 





99 


State of Washington 


districts for the cost of educating non-resident high school pupils whose legal 
residence shall be in a non-high school district. (L. ’23, p. 285, sec. 1; R. C. S., 
sec. 4715*; P. C., sec. 4961.*) 

Cross-references: Apportionment of current school fund, sec. 763 et sect. ; county 
school tax levy, sec. 776. 

1. The levy provided for in this section is to be made uniformly against all non- 
high school districts, regardless of the number of pupils from any district, if any, 
attending high school in another district. (Atty. Gen. Ops., 1917-18, p. 370.) 

2. The provision of this section for a tax levy on non-high school districts is 
independent of the provisions of secs. 729 and 745 relating to school district levies 
and the limits thereof, and in fixing the amount of the levy herein provided for it is 
not necessary to consider the amount of such district levy. (Atty. Gen. Ops., 1917-18, 

p. 370.) 

3. In determining the revenue of the district for limitation of indebtedness under 
sec. 780 the amount of the claim of a high school district is to be considered as the 
revenue of the district regardless of the amount actually received on the claim. 
(Atty. Gen. Ops., 1917-18, p. 384.) 

4. The county commissioners of a county in which part of a joint school district 
is situated have no power to levy the non-high school district tax against that part of 
the joint district situated outside of their own county. (Atty. Gen. Ops., Nov. 6, 1923.) 

5. While failure to certify the claim on or before August 15 would not affect its 
validity, the county commissioners cannot be compelled to make a levy for the claim 
if it was not certified in time to be levied at the time other school levies are made. 
(Atty. Gen., Nov. 16, 1916.) 

6. The maximum limit of ten mills as provided for in secs. 665, 729 and 745 has 
no application to the levy against the non-high school districts and such tax must be 
levied upon the property of such a district although it has already made a district 
levy of ten mills. (Atty. Gen., Sept. 28, 1917.) 

7. It is mandatory on the county commissioners to levy a tax sufficient to meet 
fully the claims of high school districts made in accordance with the provisions of 
this chapter, provided that such levy does not exceed the limit prescribed by this 
section, and in case of their refusal they may be compelled to do so by an appropriate 
mandamus action. The tax is levied between the first and second Mondays in October 
by the board of county commissioners. (Atty. Gen., Sept. 20, 1919.) 

8. A school district which was classified as a non-high school district during the 
school year ending June 30th, 1923, will be subject to the non-high school district tax 
levy to be made in October of the same year, although in the meantime it has been 
classified as a high school district by the state board of education. (Atty. Gen., 
Oct. 2, 1923.) 


25G. Amount due—Certified to treasurer 

The county superintendent of schools shall, on or before the first day of 
September, certify to the county treasurer the amounts due to each high school 
district in his county from the high school district fund, and also the amounts 
due to the high school district fund of other counties wherein high school dis¬ 
tricts may have educated pupils from non-high school districts of his county as 
certified by the county superintendent of schools of such county to the county 
commissioners of his county. (L. T7, p. 68, sec. 7; R. C. S., sec. 4716; P. C., 
sec. 4962.) 

1. A pupil of a non-high school district may attend any high school in the state 
and bind the high school district fund of his county for the cost of his education. He 
is not required to attend in the nearest high school district. (Supt. Pub. Instr., 
May 4, 1917.) 


257. Treasurer to apportion funds 

At the time of apportioning funds to school districts the county treasurer 
shall transfer to the credit of each high school district the amount due such 
district from the high school district fund, or such pro-rated portion thereof as 
may be in such fund at the time. He shall at the same time transfer to the 
credit of the high school district fund of other counties such amounts, or pro¬ 
rated portions thereof as may be in the high school district fund of his county, 
•as may be due the high school district fund of such other county as certified by 
the county superintendent of schools of his county. (L. T7, p. 69, sec. 8; R. C. 
S., sec. 4717; P. C., sec. 4963.) 

Cross-reference: Time of apportionments, sec. 763. 

1. A claim against the high school district fund of a county for cost of education 
of high school pupils residing in a non-high school district of such county and attend¬ 
ing the school of a high school district of another county is valid, although a high 
school is maintained by one of the districts of the county in which such pupils reside. 
(Atty. Gen., Sept. 24, 1919.) 





100 


Code of Public Instruction 


258. Students—Admission of 

Every high school in the high school district shall admit all persons of 
school age who are residents of this state, and not residents of another high 
school district, carrying the grades for which they desire to enroll, upon presen¬ 
tation of satisfactory evidence of having completed in a creditable manner the 
state eighth grade course of study as prescribed by the state board of education: 
Provided , That nothing in this act shall be construed as affecting section 630. 
(L. 17, p. 69, sec. 9; R. C. S., sec. 4718; P. C., sec. 4964.) 

Cross-references: Power of state board to prescribe course of study, sec. 17, subd. 
7 ; grammar school certificate entitles holder to entrance into any high school, sec. 365. 

1. This section modifies sec. 630 to the extent that it is not discretionary but 
mandatory upon a high school district to admit all persons of school age who are 
residents of this state, and do not reside in another high school district, and possess 
the necessary qualifications, although such high school district does not possess the 
necessary school room capacity and equipment to accommodate non-resident high 
school pupils. Refusal upon the part of the high school district to admit such persons 
would serve to deprive it of its bonus as provided for in sec. 769. (Atty. Gen. Ops., 
1921-22, p. 190.) 

2. Where the annual report of the county superintendent shows that during the 
school year last past a school district has charged tuition to non-resident high school 
pupils whose resident district maintains a high school the high school district is not 
entitled during the present school year to the extra one-half credit for high school 
attendance as provided for in sec. 769, but if no such tuition is charged during the 
present year, and such fact is shown by the annual report of the county superintendent, 
the district will be entitled to the extra one-half credit attendance for the next school 
year. (Atty. Gen., July 5, 1910.) 

3. Directors of a school district not having a high school do not have authority 
to pay from district funds the tuition of students resident within the district attending 
the high school of another district. (Atty. Gen., July 15, 1916.) 

4. A school district may charge tuition to a student attending high school, if 
such student is not a resident of this state, without losing right to claim attendance 
for such student. (Supt. Pub. Instr., Aug. 10, 1914.) 

5. High schools should not accredit work done in secondary schools outside of 
this state, except where the school in question is one of recognized worth, or when the 
student is examined, or otherwise shows that the work has been satisfactorily done. 
The burden of proof should, of course, be upon the student. (Supt. Pub. Instr., Sept. 
9, 1914.) 

6. When a district maintains but one high school grade, it is not a “high school 
in a high school district” as contemplated in sec. 258 and therefore is not required to 
admit pupils carrying high school grades. Excepting in cases provided for in that 
section, one district is not compelled to receive the children from a neighboring district 
unless the directors of the respective districts see fit to make arrangements by which 
the pupils may be admitted. Consequently, a district carrying but one high school 
grade is within its rights in refusing to allow a pupil from a neighboring district to 
enter for high school work. (Supt. Pub. Instr., Oct. 7, 1921.) 

7. The eighth grade certificate is not the only satisfactory evidence within the 
meaning of this section. If the pupil shows by examination or otherwise that he has 
completed the required course of study he should be counted as a high school pupil in 
making up the apportionment of the high school district fund. (Supt. Pub. Instr., 
March 4, 1922.) 

8. This section provides for admission to high school of all pupils “upon pres¬ 
entation of satisfactory evidence of having completed in a creditable manner the state 
eighth grade course of study” etc. Since those who'have not completed the state eighth 
grade course of study cannot legally be admitted to the high school of a high school 
district, it follows that claims against the non-high school districts cannot be allowed 
for their attendance. (Supt. Pub. Instr., Aug. 15, 1922.) 

259. Transportation 

The board of directors of a non-high school district is hereby empowered 
to provide and to pay for the transportation of high school pupils to the most 
available high school when, in their judgment, it shall be to the best interests 
of the district to do so. Such board is hereby further empowered to enter into 
agreement with the board of directors of one or more school districts, whether 
high school districts or non-high school districts, to jointly provide and pay for 
the transportation of pupils upon such terms as they shall deem best: Provided, 
That it shall not be required to transport any pupil living within two miles of 
the school which such pupil attends: Provided further, That all such joint 
agreements for transporting pupils shall be duly executed in writing, the original 
to be filed with the county superintendent of schools and a copy thereof with 
each board of directors. (L. T7, p. 69, sec. 10; R. C. S., sec. 4719; P C sec 
4965.) 

Cross-reference: Power of directors to provide transportation generally, sec. 582, 
subd. 11. 

1. Where a teacher was employed under oral contract with a school board to 
transport pupils, a finding of the trial court based upon conflicting evidence as to the 





State of Washington 


101 


extent of the contract will not be disturbed on appeal when the evidence does not 
clearly preponderate against it. Dunagan v. School District No. \118 Wash. 160. 

2. A school district too small to maintain school cannot pay for instruction of 
all its pupils in an adjoining district or their transportation to school therein, since 
the law contemplates that the county superintendent shall attach the territory of such 
district to an adjoining district. (Atty. Gen. Ops., 1911-12, p. 100.) 

3. Sec. 582 does not authorize the expenditure of school funds for the building of 
a bridge. (Atty. Gen. Ops., 1911-12, p. 114.) 

4. A person prevented during an epidemic from performing his contract to trans¬ 

port pupils by reason of the fact that the schools were closed is entitled to compensa¬ 
tion if he held himself in readiness to resume the transportation upon the reopening 

and did so at the request of the district. (Atty. Gen. Ops., 1917-18, p. 397.) See 

note 15, this section. 

5. A motor truck which incidentally carries school children to and from school 
morning and evening is a “for hire” motor vehicle with reference to its classification 
for purposes of obtaining a license. (Atty. Gen. Ops., 1919-20, p. 58.) 

6. If the board of directors of a high school district has entered into an agree¬ 
ment with the directors of a non-high school district in accordance with the provisions 

of sec. 259 jointly to provide and pay for the transportation of high school pupils from 
the non-high school district to the high school in the high school district, the high 
school district’s portion of such expense is to be included as an expense of operation 
under sec. 254 for the purpose of ascertaining the cost per pupil per day. Only the 
high school district’s portion and not the total cost of such transportation is to be 
included. (Atty. Gen. Ops., 1919-20, p. 83.) 

7. A truck operated by its owner under contract with a school district for trans¬ 
portation of pupils is not an auto stage, but should be provided with a “for hire” 
license. (Atty. Gen. Ops., 1919-20, p. 180.) 

8. The directors of second and third class districts have power to contract for 
transportation service for periods of more than one year, but such contract cannot be 
entered into without a vote of the electors of the district if it would cause the total 
indebtedness of the district for any one year to exceed its current revenues. (Atty. 
Gen. Ops., 1921-22, p. 244.) 

9. Sec. 582, subd. 11, is permissive rather than mandatory, and confers upon 
the board of directors of a school district the discretionary power of determining 
whether pupils shall be transported to and from the schoolhouse. There is imposed no 
obligatory duty to transport pupils whether resident within or without the two-mile 
zone. When transportation is undertaken this section relieves the directors of any 
obligation to carry pupils living within the two-mile area. (Atty. Gen. Ops., 1921-22, 
p. 397.) 

10. If the directors of a school district have established transportation routes for 
the transportation of children, no appeal lies from the order establishing such routes 
to the county superintendent and he has no power to compel the school board to 
rearrange such routes to prevent what he deems to be discrimination against children 
of the district. (Atty. Gen.. April 2. 1915.) 

11. A contract of a school district with the adult son of one of the directors of 

the district to transport the children of the school to the schoolhouse is not void, 
although the son is obligated to support his father by reason of the fact that his 

father deeded to him a ranch and the consideration for the debt was that the son 

should support and maintain the father during the remainder of the father’s life, pro¬ 
vided that the income from the farm is sufficient to provide support for the father and 
that the proceeds of this contract are not necessary for such support. (Atty. Gen., 
July 22, 1915.) 

12. The power to furnish transportation to pupils does not include the power to 

furnish what the directors may deem a suitable substitute therefor and they have no 

authority to pay for the board of a pupil instead of furnishing transportation to such 
pupil to and from school even though it would be less expensive to do so. (Atty. Gen., 
Dec. 16, 1915.) 

13. The directors may contract with parents to transport their children to school, 
but have no authority to pay parents for days when no transportation is furnished to 
the children, since they are only empowered to pay for transportation and if none is 
furnished they have no power to pay. (Atty. Gen., June 20, 1917.) 

14. A director cannot lawfully be employed by the district to transport his own 
children to school for compensation. (Atty. Gen., June 20. 1917.) 

15. A party under contract with a school district to transport pupils for the 

school term, operate an automobile on each school day and receive compensation at 
the rate of fifty cents per day for each pupil transported is not entitled to compensa¬ 
tion for a day on which no pupils were transported because school was closed because 
of an epidemic. (Atty. Gen., Dec. 28, 1918.) .. 

16 The directors of a school district do not have absolute authority to close the 
school in their district and transport all pupils to an adjoining district. Such a 
method might be employed provided there were no objection, but if objection was 
made the directors could be forced to maintain school in their district. (Atty. Gen., 

Apri 17 A * school district cannot lawfully issue bonds to obtain funds for the pur¬ 
chase of a motor truck to be used in transportation of children to and from school. 
(Atty. Gen., Aug. 4, 1921.) 

18 Persons or corporations who own, manage or operate school buses are exempt 
from the requirement of chapter 111, Laws of 1921, for furnishing bond. (Atty. Gen., 
Aug 24 1921 ) 

19 ’ The directors of a school district have no authority to purchase liability 
insurance to cover accidents occurring in transportation of children to and from school. 

(Atty. Gen., Jan. 3, 1922.) . A .. . , . . 

20. The directors of a consolidated district have no authority to enter into or 



102 


Code of Public Instruction 


make an agreement to furnish transportation for the pupils of annexed territory other 
than that pertaining in the ordinary district. If transportation is furnished to children 
of one of the component districts who reside more than two miles from the school- 
house it must be furnished to all children who reside without the two-mile limit of the 
school they are directed or required to attend, and while the directors are not com¬ 
pelled to furnish transportation to those within the two-mile limit, they should not 
discriminate against nor refuse to provide transportation for all the children within 
the two-mile limit when they are already providing transportation for some of them. 
(Atty. Gen., Aug. 4, 1922.) 

21. A school district is liable for injuries caused to a pupil or pedestrian by 
negligent operation of a school bus owned by the district and used for transportation 
of the pupils thereof and operated by a driver employed by a district in the discharge 
of his lawful duties in connection with the same if his negligence can be imputed to 
the district or its officers or agents. (Atty. Gen., Aug. 11, 1922.) 

22. A minor under fifteen years of age cannot lawfully operate a motor vehicle 
in the public highways of this state, but a minor over fifteen years of age, provided 
that he is otherwise qualified, may be employed by a school district for the purpose 
of driving and operating a school bus owned by a district. Contracts with minors are 
not enforceable as against the ’minor and while such contracts are not void the same 
are voidable at the election of the minor, but such contracts would be binding and 
enforceable as against the school district. (Atty. Gen., Aug. 11, 1922.) 

23. If the directors of a non-high school district do not believe it to be the best 
interests of their district to transport its high school pupils to a high school district, 
there is no method whereby they can be compelled to do so. They would, however, 
but one of the pupils should oecome ill. they could continue to haul the remaining 
have no power to transport one pupil and refuse to transport the others. In case all 
Sept. 6, 1922.) 

24. The directors of a district which has arranged for transportation of all pupils 
except the children of one family who reside on the opposite side of the river from the 
route traveled by the school bus and could be accommodated only by the establishment 
of a route with a round trip of seven miles and provision of a bus for them alone, 
could not be required to employ another bus for such purpose. If connection might be 
had with the bus by crossing the river, the district might allow something for water 
transportation. (Atty. Gen., Sept. 20, 1922.) 

25. Refusal to expend public funds to haul pupils residing outside of the two- 
mile zone to a private school would not constitute unlawful discrimination within the 
purview of the previous holding of the attorney general that when transportation is 
once undertaken all pupils residing outside of the two-mile zone must be carried with¬ 
out discrimination. (Atty. Gen., Nov. 6, 1923.) 

26. A board of school directors may furnish feed for horses used by pupils in 
riding or driving to and from school. (Supt. Pub. Instr., March 3, 1916.) 

27. A district has no power to pay in whole or in part for board or lodging of 
pupils attending school in another district, in lieu of entering into agreement for their 
transportation. (Supt. Pub. Instr., Nov. 13, 1920.) 

28. The power granted by law to boards of directors to provide and pay for 
transportation seems to leave to their discretion the manner of providing the same. 
But there is nothing in the law to permit boards to pay an allowance for transportation 
which is not in fact furnished. (Supt. Pub. Instr., March 24, 1921.) 

29. In the matter of the storage of the school bus or van overnight, the board of 
directors has absolute custody and may order it kept where a majority of the board 
sees fit, when the bus belongs to the district. (Supt. Pub. Instr., Sept. 9, 1921.) 

30. There is no objection to providing transportation of post-graduate high school 
students if the district wishes to do so, but if such transportation is provided the 
expense must be borne by the district in which they reside and cannot be charged 
against the high school district fund of the county. It is within the discretion of the 
directors to refuse transportation to post-graduate high school students. (Supt. Pub. 
Instr., Oct. 29, 1921.) 

31. Directors of a non-high school district who furnish transportation for high 
school pupils to the nearest available high school district are not required to furnish 
transportation to the grade pupils of the district to their own district schools, as the 
matter is within their discretion. (Supt. Pub. Instr., March 23, 1922.) 

32. So far as the laws relating to school transportation are concerned, there is 
nothing to prohibit boys of 16 from driving a school bus, although as a matter of 
safety the plan is questionable. The question must be decided by the school directors, 
having due regard for the laws governing motor vehicles. (Supt. Pub. Instr Aue 
9, 1922.) 


260. Reimbursement, not tuition charge 

The reimbursement of a high school district for cost of educating high 
school pupils for a non-high school district, as provided for in this act, shall 
not be deemed a tuition charge as affecting the apportionment of current state 
school funds provided for in section 769. (L. T7, p. 70, sec. 11; R. C. S., sec 

4720; P. C., sec. 4966.) 





103 


State of Washington 


ARTICLE III—HIGH SCHOOLS—COURSES OF STUDY 

261. American history and government in high schools. 

262. Prerequisite for graduation. 

261. American history and government in high schools 

The study of American history and American government is hereby de¬ 
clared to be indispensable to good citizenship and an accurate understanding 
of our institutions and a proper appreciation of national ideals. (L. ’19, p. 50, 
sec. 1; R. C. S., sec. 4897; P. C., sec. 4730a.) 

Cross-references: State board to prescribe course of study, sec. 17, subd. 7 ; penalty 
for failure of teacher to teach patriotism, sec. 287. 

262. Prerequisite for graduation 

The state board of education shall prescribe as a course of study in the 
high schools of this state, American history and American government, and 
shall require as a prerequisite for graduation from any of said high schools one 
full school year of study of American history and American government. (L. 
’19, p. 50, sec. 2; R. C. S., sec. 4898; P. C., sec. 4730b.) 


ARTICLE IV—HIGH SCHOOLS—EXTENSION EXAMINATIONS 

263. State board to outline course. 

264. Questions and examinations. 

265. Certificates to be issued. 

268. State board to outline course 

The state board of education shall outline a course of reading and study 
similar to a course of study required in a full four-year high school course, and 
shall provide for the examination and certification of those taking or com¬ 
pleting such course. Examinations for this purpose shall be held at the same 
time and place of holding examinations for teachers’ certificates, and in such 
form to fully test the students’ knowledge of the subject or subjects examined 
in. Any one or more subjects may be taken at any such examination, and a 
student failing in any subject may again be examined in such subject at any 
subsequent examination: Provided , Each year’s work of a lower grade must be 
completed before a student shall be permitted to complete the work of a higher 
year. Such examination shall be intended only for those not taking a full 
course in the same subject in a regular high school, and no person shall be ad¬ 
mitted to any such examination unless he shall have given to the county superin¬ 
tendent notice of his intention to take such examination and the subjects in 
which he desires to be examined at least thirty days before the examination, 
and obtain permission from such superintendent to take such examination. 
(L. ’09, p. 370, sec. 1; R. C. S., sec. 5093; P. C., sec. 5251.) 

Cross-references: High school courses prepared by state board, sec. 17, subd. 7; 
time and place of teachers’ examinations, sec. 303. 

1. Credits will be accepted in connection with the high school extension examina¬ 
tions, for high school work done in other states upon the presentation of satisfactory 
evidence that the applicant has completed the work in an approved manner. (Supt. 
Pub. Inst,r., Nov. 6, 1914.) 

2. Students attending regular unaccredited high schools in this state are not 
eligible to take the state high school extension examinations, as such examinations are 
intended only for persons not attending regular high schools. (Supt. Pub. Instr., May 
17, 1916.) 

264. Questions and examinations 

The questions for such examination shall be prepared by the state board of 
education, and shall be furnished to the state superintendent of public instruc¬ 
tion, who shall cause the same to be printed and distributed to the several 
county superintendents upon request therefor the same as the questions for 
teachers’ examinations are printed and distributed. The manuscripts contain¬ 
ing the answers of applicants shall be returned to the superintendent of public 
instruction to be marked and graded by him and who shall issue certificates to 




104 


Code of Public Instruction 


those who have the required percentage in the various branches which shall be 
fixed by the state board of education. (L. ’09, p. 370, sec. 2; R. C. S., sec. 5094; 
P. C., sec. 5252.) 

Cross-reference: Printing and distribution of questions for teachers’ examinations, 
sec. 6, subd. 3. 

265. Certificates to be issued 

Upon the completion of the full course as outlined by the state board of 
education, a state high school certificate shall be issued to the applicant by 
the said board and such certificate shall entitle the holder thereof to enter the 
freshman class of the state university or to enter any other class in the other 
state educational institutions as may be specified by the state board of education. 
(L. ’09, p. 371, sec. 3; R. C. S., sec. 5095; P. C., sec. 5253.) 

Cross-references: Requirements for admission to the state university, secs. 50 
and 87. 


ARTICLE V—VOCATIONAL EDUCATION—IN GENERAL 

266. Acceptance of Smith-Hughes act. 

267. State treasurer custodian of funds. 

268. State board for vocational education. 

269. Chief executive officer. 

270. Establishment of schools and classes. 

271. Kinds of schools and classes. 

272. Tax levy and expenditures. 

266. Acceptance of Smith-Hughes Act 

The state of Washington hereby accepts all the provisions and benefits of an 
act passed by the senate and house of representatives of the United States of 
America in congress assembled, entitled: “An act to provide for the promotion 
of vocational education; to provide for cooperation with the states in the pro¬ 
motion of such education in agriculture and the trades and industries; to pro¬ 
vide for cooperation with the states in the preparation of teachers of vocational 
subjects; and to appropriate money and regulate its expenditure,” and approved 
February 23, 1917. (L. T9, p. 454, sec. 1; R. C. S., sec. 4919; P. C., sec. 4883-1.) 

t 

267. State treasurer custodian of funds 

The state treasurer is hereby designated and appointed custodian of all 
monies received by the state from the appropriations made by the said act of 
congress and is authorized to receive and to provide for the proper custody of 
the same and to make disbursements therefrom in the manner provided in said 
act and for the purposes therein specified. He shall also, upon the order of the 
state board for vocational education, pay out any monies appropriated by the state 
of Washington for the purpose of carrying out the provisions of this act. (L. 
T9, p. 455, sec. 2; R. C. S., sec. 4920; P. C., sec. 4883-2.) 

1. The state board of education may execute a voucher for the transmission of 
interest on the United States vocational educational fund. (Atty. Gen., Feb. 10, 1919.) 

268. State hoard for vocational education 

The state board of education is hereby designated as the state board for 
vocational education and shall have authority to administer any legislation en¬ 
acted by the legislature of the state of Washington in pursuance of the aims and 
purposes of said act of congress in so far as the provisions of said act of con¬ 
gress may apply to the administration of vocational education in and for the 
state of Washington. It shall have power to administer the funds provided by 
the federal government, and by the state of Washington under the provisions of 
this act and of all acts passed by the legislature of the state of Washington for 
the promotion of vocational education in agricultural subjects, trade and indus¬ 
trial subjects and home economics subjects. It shall have full authority to 
formulate plans for the promotion of vocational education in such subjects as 
are an integral part of the public school system of the state of Washington and 
to provide for the preparation of the teachers of such subjects. It shall have 
authority to fix the compensation of such officials and assistants as it may deem 







State of Washington 


105 


necessary to administer the provisions of this act for the state of Washington 
and to pay such compensation and other necessary expenses of administration 
from funds appropriated for this purpose. It shall have authority to make in¬ 
vestigations relating to vocational education; to promote and aid in the estab¬ 
lishment, by school districts or institutions, of schools, departments or classes 
giving training in agricultural subjects, trade and industrial subjects and home 
economics subjects and to cooperate with such school districts or institutions 
in the maintenance of said schools, departments or classes. It shall have power 
to prescribe qualifications of the teachers, directors and supervisors of such 
vocational subjects in said schools, departments or classes and have full au¬ 
thority to provide for the certification of said teachers, directors and supervisors. 
It shall direct and control all instrumentalities and courses prescribed and 
established under its authority for the preparation of teachers, directors and 
supervisors of such subjects and it shall have power to maintain such classes 
under its own direction and control. It shall also establish and determine by 
general regulations the qualifications to be possessed by persons engaged in the 
training of vocational teachers. The state board for vocational education shall 
have power to make any necessary rules and regulations to carry out any pro¬ 
visions of this act. (L. T9, p. 455, sec. 3; R. C. S., sec. 4921; P. C., sec. 4883-3.) 

Cross-references: Personnel of the state board of education, sec. 12 ; trades and 
occupations to be taught at state training school, sec. 193 ; at state school for girls, 
sec. 204 ; state custodial school to give agricultural and manual training, sec. 242 ; 
supervision of part-time vocational schools and classes, sec. 273 et seq. 

269. Chief executive officer 

The superintendent of public instruction shall be the chief executive officer 
of the state board for vocational education and shall appoint, with the approval 
of said board, the necessary experts, assistants and employes to carry out the 
provisions of this act. (L. T9, p. 456, sec. 4; R. C. S., sec. 4922; P. C., sec. 4883-4.) 

Cross-reference: Superintendent of public instruction ex-officio president of the 
state board of education, sec. 15. 

270. Establishment of schools and classes 

The board of directors of any organized school district or any educational 
institution of less than college grade under public supervision or control may 
establish and maintain vocational schools or classes giving instruction of less 
than college grade in agriculture, trades and industries, or in home economics, 
and whenever such schools or classes shall have met the standards, courses and 
requirements established and prescribed or approved by the state board for 
vocational education, as approved by the federal board for vocational education, 
such district or institution shall be entitled to share in the distribution of the 
federal funds available under the provisions of the federal acts providing for 
vocational education and also in any state funds appropriated for the promotion 
of vocational education. Whenever any such schools or classes shall have been 
organized as herein provided the district or institution maintaining the same 
shall be entitled to reimbursement for monies expended for the salaries of 
teachers of vocational courses approved by said state board for vocational educa¬ 
tion not to exceed fifty per cent of the total monies so expended and such reim¬ 
bursement shall be made to such school districts or institutions from the fund 
obtained by adding, to the federal funds available for the promotion of voca¬ 
tional education, any fund or funds set aside for this purpose by the state board 
for vocational education from monies under its administrative control. Such 
reimbursement shall be apportioned under the direction of the state board for 
vocational education. (L. T9, p. 457, sec. 5; R. C. S., sec. 4923; P. C., sec. 4883-5.) 

Cross-references: Vocational education to be given at state training school, sec. 
193; at state school for girls, sec. 204; at state custodial school, sec. 242; reimburse¬ 
ment from federal funds for part-time schools and classes, sec. 284. 

271. Kinds of schools and classes 

For the purposes of this act vocational schools or classes may be established, 
(1) as all-dav schools or classes giving instruction in agricultural, home eco¬ 
nomics or trade and industrial subjects; (2) as part-time schools or classes giv¬ 
ing instruction as prescribed by the state board for vocational education to 






106 


Code of Public Instruction 


promote civic and vocational intelligence; (3) as evening school classes giving 
instruction supplemental to the daily employment. (L. ’19, p. 457, sec. 6; R. C. 
S., sec. 4924; P. C., sec. 4883-6.) 

Cross-references: Procedure for establishment of part-time schools or classes, sec. 
278; authority of directors to establish night school, sec. 582, subd. 12; in districts of 
the first class, sec. 661, subd. 4 ; credit for riight school attendance, sec. 771. 

272. Tax levy and expenditures 

Any school district organizing vocational schools, departments or classes in 
accordance with the terms of this act, and in accordance with the rules, regula¬ 
tions and courses prescribed or approved by the state board for vocational educa¬ 
tion may raise and expend monies for the purpose of organizing and maintaining 
such vocational schools or classes in the same manner in which monies are 
raised and expended for other school purposes, provided that in the event that 
the amount of money which can be legally so raised shall be insufficient to 
organize and maintain such schools, departments or classes, authority is hereby 
granted to the school directors of such district to increase the school levy not 
to exceed one mill above the limit otherwise provided for in the several classes 
of districts; and the amount so raised in excess of the said limit shall be used 
exclusively for the purpose of organizing and maintaining vocational schools, 
departments or classes as herein provided. (L. ’19, p. 458, sec. 7; R. C. S., sec. 
4925; P. C., sec. 4883-7.) 

Cross-references: Limit of tax levies in districts of the first class, sec. 665 ; in 
districts of the second class, sec. 728; in districts of the third class, sec. 745. 


ARTICLE VI—VOCATIONAL EDUCATION—PART-TIME SCHOOLS AND 

CLASSES 


273. Permit officers. 

274. Compulsory attendance—maximum age. 

275. Employment permits. 

276. Duties of employers. 

277. Record of permits. 

278. Procedure for establishment—school hours. 

279. Compulsory attendance—exemptions—penalty. 

280. Attendance construed as employment. 

281. Employers to permit attendance—penalty. 

282. Minors already employed not affected. 

283. Rules and regulations. 

284. Reimbursement from federal funds. 

285. Attendance officers. 

273. Permit officers 

For the purpose of this act the person or persons designated by the board 
of school directors in districts of the first class and of the second class and the 
county superintendent of schools or person or persons designated by him acting 
for districts of the third class shall be known as permit officers. The state board 
for vocational education shall be referred to as the state board and the federal 
board for vocational education shall be referred to as the federal board (L ’19 
p. 420, sec. 1; R. C. S., sec. 4906; P. C., sec. 5230-1.) 

Cross-reference: Attendance officers under the general compulsory school law 

S6C. odd. * 

274. Compulsory attendance—maximum age 

All minors of the state residing or employed in school districts of the state 
in which part-time schools are maintained, as hereinafter provided, shall attend 
school until the age of eighteen (18) years unless (1) they are graduates from 
a four-year high school course or its equivalent, (2) they are in a part-time 
school and are employed in accordance with the terms of any state or federal 
act regulating the employment of such minors under the age of eighteen (18) 



State of Washington 


107 


years, (3) shall have been excused from school attendance in accordance with 
the provisions of this act. (L. ’19, p. 420, sec. 2; R. C. S., sec. 4907; P. C., sec. 
5230-2.) 

Cross-references: Age limit and exemptions under the general compulsory school 
law, sec. 353; child labor laws, secs. 375-378. 

275. Employment permits 

Any minor fourteen years of age and under eighteen years of age who has 
completed the eighth grade or who in the judgment of the superintendent of 
schools for districts of first and second class or of the county superintendent 
for districts of the third class can not profitably pursue further regular school 
work as evidenced by statements filed with such superintendent; and any minor 
fifteen years of age and under eighteen years of age may apply to the board of 
school directors or the permit officer for the district where such minor resides 
for permission to leave school and to enter upon employment and if upon in¬ 
vestigation said board of school directors or permit officer finds that the needs 
of the family or the welfare of such minor require it, and if in the judgment of 
such board of school directors or permit officer such minor may legally engage 
in such employment the said board of school directors or permit officer shall 
issue an employment permit which shall state the age of the minor as shown 
by the school register, the grade attained in school, and the person, firm or 
corporation which is to employ the minor. The board of school directors or the 
permit officer shall have power and in all cases, of reasonable doubt it shall be 
their duty to require additional proofs of the age of minors seeking permission 
to leave school and enter upon employment. The term “employment” as used in 
this act shall be interpreted to include such home occupation, home study or 
private instruction under the supervision and direction of a responsible parent 
or guardian as may be approved by the board of school directors or permit 
officers. (L. ’19, p. 420, sec. 3; R. C. S., sec. 4908; P. C., sec. 5230-3.) 

Cross-references: Excuses under provisions of the general compulsory school law, 
sec. 353 ; certificates to permit employment of children under the age of fifteen years, 
sec. 354 ; issuance of employment permits by superior court judges, secs. 376 and 377. 

276. Duties of employers 

Any person, firm or corporation employing any minor under the age of 
eighteen years, except during vacation, shall require the permit as set forth 
in section 275 from the minor it proposes to take into its employment and shall 
keep such permit on file during the employment of such minor and shall within 
ten (10) days after the beginning of such employment, report to the board of 
school directors or the permit officer upon blanks furnished by him or them, 
the fact of such employment, and upon the termination of the employment of 
such minor shall return such permit to the proper school authorities within ten 
(10) days after the termination of such employment. (L. ’19, p. 421, sec. 4; 
R. C. S., sec. 4909; P. C., sec. 5230-4.) 

Cross-reference: Employers to keep employment certificate on file under general 
compulsory school law, sec. 488. 

277. Record of permits 

For districts of the first and second class the boards of school directors or 
person or persons designated by them and for districts of the third class the 
county superintendent shall keep a record of all permits issued and the data 
contained in such permits and shall submit to the superintendent of public in¬ 
struction duplicate copies of such records on the first day of October, January, 
April, and July of each year and the superintendent of public instruction shall 
in turn furnish a copy of such records to the state commissioner of labor. (L. 
'19, p. 422, sec. 5; R. C. S., sec. 5910; P. C., sec. 52304.) 

Note: Under the administrative code. Laws 1921, p. 44. sec. 81, the director of 
labor and industries is vested with the powers and duties of the commissioner of labor. 

278. Procedure for establishment—school hours 

Boards of school directors in all organized school districts, upon the written 
request of twenty-five (25) or more adult bona fide residents of such districts, 
may, within one year from date of such request, establish part-time schools or 
classes when there are fifteen (15) or more minors over fourteen years of age and 



108 


Code of Public Instruction 


under eighteen years of age resident or employed in such districts and who 
are not in attendance upon a regular full-time school and who would, by the 
provisions of this act, be required to attend such part-time schools or classes. 
All part-time schools or classes established under this act shall be held at least 
four hours per week during the weeks when the public schools of the district are 
in session, and such schools or classes shall be conducted between the hours of 
eight A. M. and five P. M. on school days, or between the hours of eight A. M. 
and twelve-thirty P. M. on Saturdays. It shall be the duty of the board of school 
directors in organizing part-time schools or classes which are to participate in 
federal funds available for the encouragement of vocational education to pro¬ 
vide equipment, instruction and courses of study in accordance with the plans 
of the state board approved by the federal board. (L. ’19, p. 422, sec. 6; R. C. S., 
sec. 4911; P. C., sec. 5230-6.) 

Cross-reference: Plans of the state board for vocational education, sec. 268. 

1. Boards of directors in school districts where part-time schools or classes have 
been established pursuant to this section, may discontinue such schools or classes 
when, in their judgment, it is for the best interests of the district to do so. (Atty. 
Gen. Ops., 1921-22, p. 279.) 

279. Compulsory attendance—exemptions—penalty 

Whenever a part-time school or class is established and maintained in ac¬ 
cordance with this act by the district in which any minor under eighteen years 
of age resides or in which he is employed, the parent, guardian or other person 
having control or charge of such minor shall cause him or her to attend such 
part-time school or class at least four hours per week during the time the public 
schools of the district where such school or class is located are in session, 
unless (1) such minor is in attendance upon a regular full-time day school sup¬ 
ported by either public or private funds, or (2) shall have completed a four- 
year high school course, or its equivalent or (3) is in attendance upon a part- 
time school maintained in accordance with the provisions of this act, and ap¬ 
proved by the state board although not qualifying for reimbursement, or (4) 
shall have been excused by the board of school directors or permit officer for 
the district in which such minor resides upon a certificate of a reputable phy¬ 
sician or the recognized medical authority of the district stating that such 
attendance upon the part-time school or class would be injurious to the health 
of such minor, or (5) shall have been excused under the provisions of section 
275. Any parent, guardian or other person having control or charge of any 
such minor and failing to comply with the provisions of this act shall be liable 
upon conviction to be punished by a fine of not less than five dollars ($5.00), or 
more than twenty-five dollars ($25.00) for each such offense, or by imprisonment 
in the county or city jail not less than one day nor more than ten days or both 
such fine and imprisonment at the discretion of the court. (L. ’19, p. 423, sec. 
7; R. C. S., sec. 4912; P. C., sec. 5230-7.) 

Cross-references: Exemptions and excuses under general compulsory school act. 
sec. 353 ; penalty under that act, sec. 355. 

280. Attendance construed as employment 

Whenever the number of hours for which minors less than eighteen years 
of age may be employed shall be fixed by federal or state law the hours of 
attendance upon a part-time school or class organized in accordance with the 
terms of this act shall be counted as a part of the number of hours fixed for 
legal employment by federal or state law. (L. ’19, p. 423, sec. 8; R. C. S., sec. 
4913; P. C., sec. 5230-8.) 

Note: Laws 1917, p. 98, sec. 1 ; R. C. S., sec. 7641; P. C., sec. 3547, provides for 
regulation of the hours of employment of minors in the telephone and telegraph indus¬ 
tries. Laws 1903, p. 260, sec. 9 ; R. C. S., sec. 6293; P. C., sec. 249, limits the hours 
of employment of persons under sixteen years of age in bake shops. These sections are 
not included in the code of public instruction. 

281. Employers to permit attendance—penalty 

Any person, firm or corporation employing a minor less than eighteen years 
of age, except during vacation, shall permit the attendance of such minor upon 
a part-time school or class for at least four hours per week whenever such part- 
time school or class shall have been established in the district where such minor 
resides or may be employed, and any person, firm or corporation employing any 




State of Washington 


109 


minor less than eighteen years of age contrary to the provisions of this act shall 
be subject to a fine of not less than ten dollars ($10.00) and not more than five 
hundred dollars ($500.00) for each offense, or by imprisonment in the county 
or city jail not less than one day and not more than ten days or by both such 
fine and imprisonment at the discretion of the court. (L. ’19, p. 424, sec. 9; 
R. C. S., sec. 4914; P. C., sec. 5230-9.) 

282. Minors already employed not. affected 

The requirement of attendance upon part-time schools or classes provided 
for in this act shall not apply to minors who were regularly and legally em¬ 
ployed during the school year ending June 30, 1919. (L. T9, p. 424, sec. 10; R. 

C. S., sec. 4915; P. C., sec. 5203-10.) 

288. Rules and regulations 

The state board shall establish rules and regulations governing the organiza¬ 
tion, courses and maintenance of part-time schools or classes and shall prescribe 
the form of the necessary blanks to enable the districts to carry out the pro¬ 
visions of this act. (L. T9, p. 424, sec. 11; R. C. S., sec. 4916; P. C., sec. 4503-11.) 

284. Reimbursement from federal funds 

Whenever any part-time schools or classes shall have been established in 
accordance with the provisions of this act and the rules and regulations estab¬ 
lished by the state board and shall have been approved by the state board, the 
district shall be entitled to reimbursement from federal funds available for the 
provisions of vocational education for the expenditures made for the salaries of 
teachers of such part-time schools or classes and such reimbursement shall be 
apportioned by the state board. (L. T9, p. 424, sec. 12; R. C. S., sec. 4917; P. 
C., sec. 5230-12.) 

Cross-reference: Reimbursement for vocational education in general, sec. 270. 

285. At tendance officers 

The officer charged by law with the responsibility for enforcement of at¬ 
tendance upon regular public schools of children over eight (8) years of age 
shall also be charged with the responsibility for the enforcement of attendance 
upon part-time schools or classes of minors over fourteen (14) and under 
eighteen (18) years of age in accordance with the provisions of this act. (L. T9, 
p. 425, sec. 13; R. C. S., sec. 4918; P. C., sec. 5230-13.) 

Cross-reference: Attendance officers under the general compulsory school law v 
sec. 356. 


ARTICLE VII—TEACHERS—ELIGIBILITV AND QUALIFICATIONS 

286. Aliens prohibited from teaching without permit. 

287. Revocation of certificate to be permanent, when. 

288. Penalty. 

289. Teachers shall hold valid certificates. 

286. Who may teach 

No person, who is not a citizen of the United States of America, shall teach 
or be permitted or qualified to teach in any common school or high school in 
this state: Provided, however, That the superintendent of public instruction 
may grant to aliens a permit to teach in the common and high schools of this 
state; providing such teacher has all the other qualifications required by law, 
has declared his or her intention of becoming a citizen of the United States of 
America, and that five years and six months have not expired since such declara¬ 
tion was made. Such permits shall at all times be subject to revocation by and 
at the discretion of the superintendent of public instruction. (L. T9, p. 82, sec. 
1; R. C. S., sec. 4845; P. C., sec. 5048b.) 

Cross-reference: Qualification of teachers, sec. 289. 

287. Penalty for not teaching patriotism 

No person, whose certificate or diploma authorizing him or her to teach 
in the public schools of this state shall have been revoked on account of his 




110 


Code of Public Instruction 


or her failure to endeavor to impress on the minds of his or her pupils the 
principles of patriotism, or to train them up to the true comprehension of the 
rights, duty and dignity of American citizenship, shall teach or be permitted or 
qualified to teach in any public school in this state, and no certificate or diploma 
shall be issued to such person. (L. ’19, p. 82, sec. 2; R. C. S., sec. 4846; P. C., 
sec. 5048c.) 

Cross-references: Usual penalty upon revocation of certificates, sec. 308 ; teaching 
of patriotism required, sec. 315. 

288. Who is guilty of a misdemeanor 

Any person teaching in any school in violation of this act, and any school 
director knowingly permitting any person to teach in any school in violation 
of this act, shall be guilty of a misdemeanor. (L. ’19, p. 82, sec. 3; R. C. S., sec. 
4847; P. C., sec. 5048d.) 


289. Teachers shall hold valid certificates 

No person shall be accounted as a qualified teacher within the meaning of 
the school law, who is not the holder of a valid teacher’s certificate or diploma 
issued by lawful authority of this state. (L. ’09, p. 306, sec. 1; R. C. S., sec. 
4844; P. C., sec. 5044.) 


Cross-references: Teachers in state school for girls must hold valid certificates, 
sec. 204 ; alien cannot hold certificate without permit, sec. 286 ; certificates and diplomas 
granted by authority of this state classified, sec. 297 ; teachers must hold certificates 
in full force and effect for the full contract period, sec. 310 ; penalty for employment of 
teacher not qualified, secs. 424 and 425 ; kindergarten teachers must hold valid diplomas 
or certificates, sec. 636 ; warrant not to be countersigned or registered for teacher who 
is not qualified, sec. 849. 

1. Proceedings before the superintendent of public instruction to revoke a teach- 1 
er’s certificate, upon the determination of sufficient cause, after a hearing, are subject 
to review by certiorari, under Remington’s Compiled Statutes, secs. 1001-1012, and 
Pierce’s Code, secs. 7417-7427 : Browne v. Gear, 21 Wash. 147. 

2. A temporary certificate to teach granted by the county superintendent of 
schools cannot be collaterally attacked in an action brought against a school district 
for breach of contract of employment to teach its school, when there is no allegation of 
fraud or collusion in obtaining the certificate: Kimball v. School District, 23 Wash. 
520. 


3. Where a person under contract to teach a school for a term of nine months 
has a license qualifying her to teach only two months, at the time she tenders her 
services at the beginning of the school term, the district is released from its obligation 
to perform its part of the contract, and she has no right of recovery thereon, since the 
contract is an entire one and a breach as to any material part is a complete discharge 
as to the whole: Id. 

4. The provision of Laws 1897, p. 380, sec. 57, superseded by this section, is 
limited to teachers under the common school system and is not applicable to teachers 
employed by the normal schools: MacKenzie v. State, 32 Wash. 657. 

5. A letter from the county superintendent stating that a teacher’s papers are 
sufficient to entitle him to a certificate and that one will be issued on application as 
provided by statute, is not the equivalent of a certificate, and an action for wages will 
not lie where at the time of making the contract and entering upon the service no 
certificate had been obtained : Kester v. School District No. 3.', of Walla Walla County . 
48 Wash. 486. 

6. Instruction upon all subjects proper for the advancement or credit of a pupil 
should be given within, and not without the schools, or at least under the immediate 
tuition of a teacher who has qualified to teach under the laws of this state: State 
ex rel. Dearie v. Frazier, 102 Wash. 369. 

7. A teacher’s certificate is entitled to full faith and credit until it has been 
-revoked, or until the teacher has been suspended pending proceedings brought to revoke 
the certificate. (Atty. Gen. Ops., 1913-14, p. 149.) 

8. The statute makes no exceptions for cases of emergency and a substitute 

teacher who did not have a certificate to teach in the public schools of this state, 
though formerly she had possessed such a certificate, cannot be allowed compensation 
for her services either upon the contract or for their reasonable value. (Attv Gen 
Ops., 1919-20, p. 276.) y 

9. A teacher cannot legally employ as his assistant for purposes of teaching a 
young lady who is not the holder of a certificate and who would be paid out of his 
salary. (Supt. Pub. Instr., Sept. 14, 1920.) 

10. No person may be employed as a teacher who is not a qualified teacher. We 
are unable to find any provision of the code which excepts substitute teachers from 
the provisions of sec. 310. (Supt. Pub. Instr., Nov. 13. 1920.) 








State of Washington 


111 


ARTICLE VIII—TEACHERS—CERTIFICATION 

290. Certificates to be issued by superintendent of public instruction. 

291. Certificate must contain subjects. 

292. Applicants must be at least eighteen years of age. 

293. The fee for any certificate to be one dollar. 

294. Certificates entitle holder to teach in any county where 
registered. 

295. Good moral character and personal fitness. 

296. Evidence of successful experience. 

297. Certificates and diplomas classified. 

298. Eligibility—rights saved. 

299. Temporary certificates. 

300. Special certificates. 

301. Certificates and diplomas enumerated—professional training. 

302. Papers to be issued according to law. 

303. Examination—where and when held. 

304. County superintendent shall transmit manuscripts. 

305. Credits of ninety per cent or over. 

306. Certificates not invalidated. 

290. Certificates to be issued by superintendent of public instruction 

All certificates and diplomas, except temporary certificates and special cer¬ 
tificates, shall be issued or countersigned by the superintendent of public instruc¬ 
tion. (L. ’09, p. 336, sec. 2; R. C. S., sec. 4967; P. C., sec. 5134.) 

Cross-references: Normal school certificates and diplomas to be countersigned by 
the superintendent of public instruction, sec. 151; issuance of temporary certificates, 
sec. 299 ; of special certificates, sec. 300. 

291. Certificate must contain subjects 

Every certificate issued by authority of the state of Washington shall have 
written or printed upon its face the subjects in which the holder has been 
examined, with standings in each, or the subjects or work upon which credits 
are given. (L. ’09, p. 338, sec. 10; R. C. S., sec. 4975; P. C., sec. 5142.) 

Cross-reference: Contents of normal school certificates and diplomas, sec. 151. 

292. Applicants must be at least eighteen years of age 

No person who is less than eighteen years of age shall receive a certificate 
to teach in the state of Washington nor take the examination for the same; nor 
shall any person less than nineteen years of age receive any certificate other 
than a temporary, a third grade, or a second grade. (L. ’09, p. 337, sec. 4;, 
R. C. S., sec. 4969; P. C., sec. 5136.) 

Cross-reference: Age of admission to state normal schools, sec. 152. 

1. Age restrictions governing issuance of certificates to teach do not apply to' 
normal school diplomas. (Atty. Gen., May 4, 1920.) 

2. A teacher’s certificate which has been obtained upon false representations made 
by the holder in her application, to the effect that she was over eighteen years of age, 
is subject to revocation if the fraud in its procurement is established and may be 
impeached for fraud in proper proceedings brought in accordance with section 307. 
The superintendent of public instruction cannot declare such certificate null and void 
upon his own motion without the bringing of such proceedings. (Atty. Gen., Jan. 7, 
1921.) 

293. The fee for any certificate to be one dollar 

The fee for any teacher’s certificate or any renewal thereof, or any life 
diploma, or other instrument issued by authority of the state of Washington, 
and authorizing the holder to teach in the public schools of the state, shall be 
one dollar. The fee must accompany the application and cannot be refunded 
unless the application is withdrawn before it is finally considered. The county 
superintendent, or other officer authorized to receive such fee, shall within 
thirty days transmit the same to the treasurer of the county wherein such 
applicant is to teach or resides, to be by him placed to the credit of the institute 



112 


Code of Public Instruction 


fund of said city or county: Provided, That if any city collecting fees for the 
certification of teachers does not hold an institute separate from the county, then 
all such moneys shall be placed to the credit of the county institute fund. (L. 
T9, p. 336, sec. 3; R. C. S., sec. 4968; P. C., sec. 5135.) 


Cross-reference: Institute fund, sees. 450-452. 

1. A school teacher is an employee and not a public officer: State ex rel. Board 
of Directors v. Preston, 120 Wash. 569. 

2. The person receiving elementary, secondary or other certificates or diplomas 

from the state normal schools should pay the one dollar fee provided for teachers 
certificates and the same should be paid into the county where the person teaches 
school, or the county where he or she resides if a resident of the state. (Atty. Gen. 
Ops., 1909-10, p. 78.) . . , . 

3. If the superintendent or other officer receiving the fees is advised of the 
place where the recipient of the certificate or diploma is to teach in sufficient time to 
enable him to remit the fee within thirty days, as provided by this section, the fee 
should be remitted in accordance with the place where the recipient is to teach ; other¬ 
wise, the fee should be transmitted in accordance with the place of the residence of 
the recipient. (Atty. Gen. Ops., 1915-16, p. 180.) 


294. Certificates entitle holder to teach in any county when registered 

All certificates issued by the superintendent of public instruction shall be 
valid and entitle the holder thereof to teach in any county of the state upon 
being registered by the county superintendent thereof, which fact shall be 

evidenced by him on the certificate in the words, “Registered for use in. 

county,” together with the date of registry, and his official signature: Provided, 
That a copy of the original certificate or diploma duly certified by the superin¬ 
tendent of public instruction may be used for the purpose of registry and en¬ 
dorsement in lieu of the original. (L. ’09, p.'338, sec. 11; R. C. S., sec. 4976; 
P. C., sec. 5143.) 

Cross-references: Cei'tified copies of official acts of the superintendent of public in¬ 
struction, sec. 6, subds. 9 and 18. 


295. Good moral character and personal fitness 

Before registering any certificate, the county superintendent of the county in 
which application was made for certificate shall satisfy himself that the appli¬ 
cant is a person of good moral character and personal fitness. In the event of 
a refusal to register a certificate, the county superintendent shall immediately 
notify the superintendent of public instruction of his action and shall fully and 
clearly state his reasons therefor, and the person aggrieved shall have the right 
of appeal to the superintendent of public instruction, and shall have the further 
right of appeal to the state board of education. (L. ’ll, p. 50, sec. 1; R. C. S., 
sec. 4970; P. C., sec. 5137.) 

Cross-references: Right of appeal when certificate has been revoked, sec. 309 ; 
right of appeal generally, sec. 410. 

1. Under former statute providing for county examinations for teachers’ cer¬ 
tificates, it was held that mandamus will not lie to compel the board of examiners to 
issue a certificate to an applicant entitled thereto, since the provision for an appeal 
to the superintendent of public instruction provides ample remedy: State ex rel. Gannon 
v. Hitt, 13 Wash. 547. 

2. A county superintendent of schools has no authority to refuse to approve a 
contract entered into between a school district and a teacher on the ground that the 
teacher is guilty of conduct which could be made the basis of the revocation of the 
latter’s certificate, no proceedings having been instituted to revoke the certificate. 
(Atty. Gen. Ops., 1913-14, p. 149.) 

3. The county superintendent may use prior revocation of certificate as evidence 
of an applicant’s unfitness in refusing to register his new certificate. (Atty. Gen. Ops., 
1921-22, p. 138.) 

4. This section provides an exclusive method by which a certificate may be denied 
on ground of moral character or personal unfitness and the superintendent of public 
instruction has no authority to refuse to issue a certificate on such ground. (Atty. 
Gen. Ops.. 1921-22, p. 138.) 

5. Where a decision of the superintendent of public instruction revoking a 
teacher’s certificate has been affirmed on appeal by the state board of education the 
holder cannot receive a new certificate until twelve months shall have elapsed after 
the board’s affirmance of the superintendent’s order. (Atty. Gen. Ops., 1921-22, p. 138.) 


296. Evidence of successful experience 

Whenever evidence of successful experience is a prerequisite to the issuance 
or renewal of a certificate, it shall be deemed sufficient for the applicant to file 
evidence, satisfactory to the officer authorized to issue or renew the certificate, 
of having taught the required number of months and of being a successful 




113 


State of Washington 


teacher. The aforesaid documentary evidence of successful teaching shall be 
kept on file in the office of the superintendent of public instruction. (L ’ll 
p. 51, sec. 2; R. C. S., sec. 4972; P. C., sec. 5139.) 

Cross-references: Evidence of successful experience required for university life 
diplomas, sec. 60. subd. 3 ; for state college life diplomas, sec. 132 ; for normal diplomas, 
secs. 162 and 163; for common school certificates and diplomas, sec. 301; school year 
defined as to teaching experience and certification, sec. 246. 

297. Certificates and diplomas classified 

The certificates and diplomas granted by authority of the state of Washing¬ 
ton and authorizing the holders to teach in the public schools of this state shall 
be classified as follows: 

First. Standard certificates based on graduation from accredited higher 
institutions of learning. 

(1) Elementary certificates; (a) Two-year; (b) Five-year; (c) Life. 

(2) Advanced certificates; (a) Two-year; (b) Five-year; (c) Life. 

Second. Limited certificates granted on examination. 

(1) Second grade elementary certificates. 

(2) First grade elementary certificates. 

Third. Certificates and diplomas of the higher institutions of learning. 

(1) Of the normal schools. 

(2) Of the state college of Washington. 

(3) Of the university of Washington. 

Fourth. Temporary certificates. 

Fifth. Special certificates. (L. ’23, p. 574, sec. 2; R. C. S., sec. 4979*; P. 
C., sec. 5146.*) 

Cross-references: Certificates and diplomas of state normal schools, sec. 163 ; of 
the state college of Washington, sec. 132 ; of the university of Washington, sec. 60 (3) ; 
state board empowered to provide for certification of teachers, directors and super¬ 
visors of vocational subjects, sec. 268. 

1. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school, and tenth, eleventh and twelfth grades 
into a senior high school is inconsistent with numerous provisions of the school code. 
(Atty. Gen., Dec. 12, 1916.) 

2. The university of Washington and state college of Washington cannot grant 
diplomas to teach in the elementary schools of the state and cannot be accredited by 
the state board of education under the provisions of sec. 17 ; so the superintendent of 
public instruction has no power to grant certificates with or without examination to 
persons who have the requisite attendance at such institutions to their credit. (Atty. 
Gen., May 11. 1923.) 

298. Eligibility—Rights saved 

On and after September first (1), 1918, no person shall be eligible to cer¬ 
tification as a teacher in this state who has not completed the work of a four-year 
high school, or its equivalent: Provided, Nothing in this act shall be construed 
to invalidate the life diplomas granted under the laws of the territory of Wash¬ 
ington, or to invalidate any certificate or diploma heretofore granted in accord¬ 
ance with the laws of the state of Washington, but the same shall continue in 
effect in accordance -with the provisions of the laws under which they were 
granted: Provided, That all second grade certificates, first grade certificates, 
first primary certificates issued prior to September 1, 1918, where renewal rights 
have been earned, and all city certificates valid at the time of the taking effect 
of this act, shall, upon application, become permanent certificates of the charac¬ 
ter of the certificate so changed. Provided further, That all first grade elemen¬ 
tary or second grade elementary certificates issued since September 1, 1918, shall 
be renewed according to the provisions of the law under which the certificate 
was granted. Provided further, That the holder of any valid certificate shall 
be entitled, until September 1, 1927, to all the rights and privileges relative to 
securing a certificate of higher grade than [that] he would be entitled to under 
the provisions relative thereto at the time such certificate was issued. (L. ’23, 
p. 575, sec. 3; R. C. S., sec. 5980*; P. C., sec. 5147.*) 


299. Temporary certificates 

Temporary certificates, not renewable, shall be issued by the state board of 
education: Provided, That in a city district employing one hundred or more 





114 


Code of Public Instruction 


teachers, the superintendent thereof shall have the right to issue temporary cer¬ 
tificates valid in that district until the close of the current school year. (L. ’23, 
p. 576, sec. 4; R. C. S., sec. 4990*; P. C., sec. 5156.*) 

Cross-reference: Temporary certificates not required to be countersigned, sec. 290. 

1. A temporary certificate to teach cannot be collaterally attacked in an action 
brought by a teacher against a school district for breach of contract of employment to 
teach its school, when there is no allegation of fraud or collusion in obtaining the 
certificate: Kimball v. School Districtj 23 Wash. 520. 

2. The state board of education has no authority to grant temporary teachers’ 
certificates valid in the elementary schools to graduates of the university of Washing¬ 
ton and the state college of Washington and similar certificates valid in the high 
schools to graduates of the state normal schools. (Atty. Gen., Oct. 5, 1923.) 

300. Special certificate® 

Special certificates valid until the close of the current school year shall be 
issued by the state board of education: Provided, That in a city district em¬ 
ploying one hundred or more teachers such special certificates may be issued by 
the superintendent thereof to emergency substitute teachers and to applicants 
who show by examination or otherwise satisfactory evidence of fitness to teach 
special subjects, such as music, art, manual training, penmanship, kindergarten, 
domestic science, typewriting, stenography, physical education, or any subject or 
subjects in night school, and such other subjects as may be authorized by the 
state board of education. (L. ’23, p. 576, sec. 5; R. C. S., sec. 4991*; P. C., sec. 
5157.*) 

Cross-references: State board empowered to provide for certification for voca¬ 
tional subjects, sec. 268 ; special certificates not required to be countersigned, sec. 290 ; 
requirements for certification of kindergarten teachers, sec. 636. 

1. A special certificate authorizing the holder to teach a specified subject in the 
common schools of this state does not entitle him to teach any subject other than that 
which is specified in the certificate. (Supt. Pub. Instr., Jan. 19, 1915.) 

2. A teacher holding a special certificate for commercial work has a right to 
teach all branches included in our commercial high school course of study. (Supt. 
Pub. Instr., June 14, 1915.) 

3. When a teacher holds a certificate valid in this state covering the academic 
subjects, a special certificate is not needed to entitle the holder to teach any special 
subject. (Supt. Pub. Intsr., Feb. 18, 1916.) 

301. Certificates and diplomas enumerated—Professional training 

On and after September 1, 1923, the common school certificates and diplomas 
issued by authority of the state of Washington, the period for which each shall 
be valid and the qualifications required of applicants for the same shall, in 
addition to the provisions herein set out, be as follows: 

First. Standard elementary certificates: 

Two-year elementary certificates valid to teach in grades one to nine inclu¬ 
sive, for a term of two years from date of issuance may be granted after Septem¬ 
ber 1, 1923, only to persons who are graduates from a four-year accredited high 
school, or its equivalent, and who in addition have completed a two-year course 
of approved academic and professional training in an accredited institution of 
higher learning. 

The five-year elementary certificate may be granted as the renewal of the 
foregoing two-year elementary certificate without examination for a period of 
five years: Provided , The holder shows professional growth, furnishes evidence 
of fourteen months of successful teaching experience and applies for such re¬ 
newal not later than ninety days after the expiration of the certificate. 

The life elementary certificate may be granted to holders of the foregoing 
five-year elementary certificate who show professional growth, furnish evidence 
of twenty-seven months of successful teaching experience, fourteen of which 
shall have been gained subsequent to the issuance of said certificate and apply 
therefor not later than ninety days after the expiration of the five-year cer¬ 
tificate. 

Second. Standard advanced certificates: 

Two-year advanced certificates, valid to teach in all grades of the common 
schools for two years from the date of issuance, may be granted after September 
1, 1923, only to persons who are graduates of four-year accredited high schools 
or the equivalent and who in addition have been graduated from a four-year 




115 


State of Washington 


course of approved academic and professional training in an institution of 
higher learning accredited by the state board of education and who also have 
included for graduation in said course or in addition thereto not less than 
twelve semester hours of professional training in an accredited department of 
education. The five-year advanced certificate may be granted as the renewal of 
the foregoing two-year advanced certificate without examination for a period 
of five years: Provided, The holder shows professional growth, furnishes evi¬ 
dence of fourteen months of successful teaching experience, applies for such 
renewal not later than ninety days after the expiration of the certificate, and 
complies with such other conditions as may be prescribed by the state board of 
education. 

The life advanced certificate may be granted to holders of the foregoing 
five-year advanced certificate who show professional growth, furnish evidence of 
twenty-seven months of successful teaching experience, fourteen of which shall 
have been gained under said certificate: Provided, That application is made 
not later than ninety days after the expiration of the five-year certificate and 
the applicant complies with such other conditions as may be prescribed by the 
state board of education. 

Third. Limited certificates granted on examination. 

Second grade elementary certificates valid to teach in grades one to nine 
inclusive for a period of two years from date of issuance may be granted on 
examination only to persons who are graduates of a four-year accredited high 
school or its equivalent and who shall have attended and earned credits in 
approved professional courses in an accredited higher institution of learning to 
the extent shown in the following schedule: 

After September 1, 1923, attendance of one quarter, twelve quarter hours 
credit. 

After September 1, 1925, attendance of two quarters, twenty-four quarter 
hour credits. 

After September 1, 1927, two years of approved academic and professional 
training (at least three-fourths in residence). 

In addition to the foregoing requirements, the applicant shall pass an ex¬ 
amination in reading, grammar, penmanship and punctuation, history of the 
United States, geography, arithmetic, physiology and hygiene, orthography, and 
Washington state manual, and such other branches as may be prescribed by the 
state board of education, which board shall also have full power to define and 
determine equivalents and professional training required above. This cer¬ 
tificate may be renewed once, if, during the life of the certificate, the holder has 
attended an accredited higher institution of learning for at least one quarter. 

First grade elementary certificates, valid to teach in grades one to nine 
inclusive for a period of five years from the date of issuance, may be granted 
after September 1, 1923, only to persons who have taught at least fourteen 
months and have, until September 1, 1927, at least one year and thereafter two 
years of professional training in an accredited higher institution of learning. 
In addition to the foregoing requirements the applicant shall pass an examina¬ 
tion in such branches as the state board of education may prescribe. This cer¬ 
tificate may be renewed for a like period if application is made not later than 
ninety days after the certificate expires: Provided, The holder has, during the 
life of the certificate, attended an accredited higher institution of learning for 
eighteen weeks and done satisfactory work in at least three subjects as certified 
by the principal or president of such institution. (L. ’23, p. 577, sec. 7.) 

Cross-references: Contents of Washington state manual, sec. 6, subd. 17 ; accredi¬ 
tation of institutions of higher learning, sec. 17, subds. 2 and 3 ; school year to consist 
of not fewer than nine school months for all matters pertaining to experience in 
teaching and to the granting or renewing of certificates, sec. 246. 

1. The provision that the certificate may be renewed “if, during the life of the 
certificate” the holder has attended an accredited institution is not susceptible of any 
other construction than that the course must be completed before the certificate 
expires. (Atty. Gen., Sept. 25, 1923.) 

2. The work of superintending schools is equivalent to teaching in reckoning 
months of experience for the purpose of certification. (Supt. Pub. Instr., May 5, 1913.) 

3. In order to have a certificate renewed, it is necessary to make application 
on the proper blank through some county superintendent of this state, preferably 




116 


Code of Public Instruction 


through the superintendent in whose county the original was secured. (Supt. Pub. 
Instr., July 19, 1913.) 

4. For the purpose of certification, teaching in a public night school would count 
for experience, one night’s teaching being counted as one-half day. In other words, 
eighteen months’ teaching in night school would count the same as nine months’ 
experience. (Supt. Pub. Instr., March 12, 1914.) 

302. Papers to be issued according to law 

Certificates and diplomas of the normal schools, of the state college of 
Washington, and of the university of Washington shall be granted as provided 
by law. (L. ’09, p. 345, sec. 1 (art. 6); R. C. S., sec. 4988; P. C., sec. 5155.) 

Cross-references: The granting of certificates and diplomas of the university of 
Washington, sec. 60. subd. 3 ; of the state college of Washington, sec. 132 ; of the state 
normal schools, secs. 151, 162 and 163. 

303. Examination—Where and when held 

An examination for the certification of teachers of the state of Washington 
for third, second, first grade primary, and first grade certificates shall be held 
at the county seat of each county by the county superintendent in accordance 
with the rules and regulations of the state board of education, on the first Thurs¬ 
day of August, November and March and the Friday and Saturday next follow¬ 
ing; and for professional and life certificates on the above named days of August 
and March only. (L. T5, p. 482, sec. 1; R. C. S., sec. 4977; P. C., sec. 5144.) 

Cross-references: Superintendent of public instruction to have examination ques¬ 
tions printed and to distribute them to county superintendents, sec. 6, subd. 3 ; gradu¬ 
ates of accredited institutions exempted from examination except upon state manual 
and professional subjects, sec. 1 7, subd. 3 ; holders of accredited papers exempted except 
upon state manual, sec. 17, subd. 4 ; state board to prepare questions and prescribe 
rules, sec. 17, subd. 8: and to prepare answers, sec. 17, subd. 9; high school extension 
examinations held at same time and place as teachers’ examinations, sec. 263 ; minimum 
aee for examination, sec. 292 ; certificates granted upon examination, secs. 297 and 
301 : city superintendents may conduct examinations for special certificates, sec. 300 ; 
subjects for examination prescribed, sec. 301, subd. 3 : penalty for disclosing questions, 
sec. 421 ; county superintendent to conduct and give notice, sec. 440, subd. 15 ; examina¬ 
tion fees credited to institute fund, sec. 450. 

1. The law provides that teachers’ examinations shall be held at the county 
seat of each county and tv>n superintendent of public instruction has no authority 
to change the place for holding the same. (Supt. Pub. Instr., Feb. 15, 1916.) 

304. County superintendent s shall transmit manuscripts 

The county superintendent shall within three days following the close of 
the examinations provided for in section 303, transmit to the state superin¬ 
tendent of public instruction all papers written at such examination, together 
with such other reports as shall by him be required. The superintendent of 
public instruction shall keep all manuscripts on file for a period of at least 
sixty (00) days from the date of examinations. (L. ’15, p. 482, sec. 2; R. C. S., 
sec. 4978; P. C., sec. 5145.) 

305. Credits of ninety per cent or over 

Until September 1, 1927, and not thereafter, any person who receives credits 
of ninety per cent or over in any subject or subjects at any regular teachers’ 
examination in this state shall not be required to take an examination again in 
such subject or subjects in order to receive any certificate for which the appli¬ 
cant mav be eligible to apply, so long as he is actively engaged in educational 
work. The holder of any common school certificate shall be entitled to write 
on one or more subjects at any examination for the purpose of securing credits; 
and when sufficient credits have been earned the proper certificate shall be 
issued. (L. ’23, p. 574, sec. 1; R. C. S., sec. 4971*; P. C., sec. 5138.*) 

Cross-reference: Subjects and standings to appear on certificate, sec. 291. 

1. A teacher who is not legally qualified to teach in the public schools of this 
state because of the expiration of her teacher’s certificate, and who eneages in the 
practice of teaching in a public school in this state, and asks that credits of ninety 
(90) per cent held on the expired certificate be credited for the issuance of a new 
certificate, cannot be considered as having been “actively engaged in educational work” 
within the meaning of sec. 305. so as to be entitled to the privileges of said section. 
(Atty. Gen. Ops., 1913-14, p. 497.) 



State of Washington 


117 


306. Certificates not invalidated 

Nothing in this act shall be construed to invalidate the life diplomas granted 
under the laws of the territory of Washington, or to invalidate any certificate 
or diploma heretofore granted in accordance with the laws of the state of Wash¬ 
ington, but the same shall continue in effect in accordance with the provisions 
of the laws under which they were granted: Provided, That any third grade 
certificate, second grade certificate, first grade primary certificate, or first grade 
certificate, or any renewal, or any permanent certificate, in full force and effect 
at the time of the taking effect of this act shall, for the purpose of renewal, or 
for securing a certificate of higher grade, or for securing a permanent certificate, 
or for any other purpose whatsoever, be of the same force and effect, and shall 
entitle the holder thereof to the same rights and privileges as he would be en¬ 
titled to were he the holder of a certificate of like designation authorized by 
this act. (L. ’09, p. 336, sec. 1; R. C. S., sec. 4966; P. C., sec. 5133.) 

Cross-references: Rights of holders of certificates issued under former laws pre¬ 
served by the 1923 act, sec. 298 ; conversion of old certificates into permanent cer¬ 
tificates, sec. 29 8. 

1. One would not be incapable of entering into a contract to teach in one of the 
normal schools of the state by reason of not holding a teacher’s certificate: MacKenzie 
v. State, 32 Wash. 657. 


ARTICLE IX—REVOCATION OF CERTIFICATES 


307. May be revoked by authority which issued it. 

308. Penalty for revocation. 

309. Right of appeal. 


307. May be revoked by authority which issued it 

Any certificate to teach named in this act may be revoked by the authority 
authorized to grant same upon complaint of any superintendent for immorality, 
violation of written contract, intemperance, crime aginst the law of the state, 
or any unprofessional conduct, after the defendant has been given an opportunity 
to be heard. (L. ’09, p. 345, sec. 1; R. C. S., sec. 4992; P. C., sec. 5158.) 


Cross-references: Suspension of teacher against whom charges are filed, sec. 440, 
subd. 18; failure to teach patriotism ground for revocation of certificate, sec. 287 ; 
false report of presence of pupils ground for revocation, sec. 318; failure to attend 
institute ground for revocation, sec. 449. 

1. Mere inconsiderate language or slight impropriety of conduct of a teacher, not 
involving moral turpitude, in endeavoring to secure a first grade certfiicate, is not 
such “sufficient cause” for the revocation of valid certificates held by her: Browne 
v. Gear, 21 Wash. 147. 

2. The teacher, outside of her professional obligations, possesses the ordinary per¬ 
sonal rights and freedom that other persons do; the same social privileges and the 
same right to discussion of public questions at proper times and places: Id. 

3. A temporary certificate to teach cannot be collaterally attacked in an action 

brought by a teacher against a school district for breach of contract of employment 
to teach its school, when there is no allegation of fraud or collusion in obtaining the 

certificate: Kimball v. School District, 23 Wash. 520. 

4. The superintendent of public instruction under sec. 449 has the right to 

revoke any class of certificates or diplomas, including those of the normal department 
of the state university, for non-attendance of the teacher at the teachers’ institutes. 

In all other instances, under the provisions of sec. 307 the regents of the state uni¬ 

versity would have the sole power of revocation of normal diplomas granted by the 
state university. (Atty. Gen. Ops., 1905-6, p. 191.) 

5. A county superintendent of schools has no authority to refuse to approve a con¬ 
tract entered into between a school district and a teacher on the ground that the 
teacher is guilty of conduct which could be made the basis of the revocation of the 
latter’s certificate, no proceedings having been instituted to revoke the certificate. 
(Atty. Gen. Ops., 1913-14, p. 149.) 

6. A teacher’s certificate is entitled to full faith and credit until it has been re¬ 
voked, or until the teacher has been suspended pending proceedings brought to revoke 
the certificate. (Atty. Gen. Ops., 1913-14, p. 149.) 

7. The county superintendent may use prior revocation of certificate as evidence 
of an applicant’s unfitness in refusing to register his new certificate. (Atty. Gen. 

Ops., 1921-22, p. 138.) , . 

8. The superintendent of public instruction has no authority to revoke a certif¬ 
icate issued by a Washington state normal school for a cause specified in this section. 


(Atty. Gen., Nov. 6, 1913.) 

9 A teacher’s certificate which has been obtained upon false representations 
made by the holder in her application, to the effect that she was over eighteen years 
of age, is subject to revocation if the fraud in its procurement is established, and 
may be impeached for fraud in proper proceedings brought in accordance with sec. 



118 


Code of Public Instruction 


307. The superintendent of public instruction cannot declare such certificate null and 
void upon his own motion without the bringing of such proceedings. (Atty. Gen., 
Jan. 7, 1921.) 

10. Where the complaint for revocation of a teacher’s certificate alleges that 
the teacher entered into a written contract with the school district to teach for a 
period of eight months and that she thereafter failed and refused to perform the 
terms of such contract and where the answer admits all of the essential facts raised 
in the complaint but alleges by way of justification that the contract was breached 
because of certain personal inconvenience on account of caring for an infant child 
of such teacher, the certificate may be revoked by the authority granting the same 
for the reason that the answer does not controvert the material allegations of the 
complaint. (Atty. Gen., Nov. 30, 1921.) 

11. There is no authority to pay expenses of witnesses at a hearing upon the 
revocation of a teacher’s certificate before the superintendent of public instruction. 
(Atty. Gen., Mar. 31, 1922.) 

12. A certificate of a teacher who is employed under written contract and re¬ 
signs without release from the contract by mutual agreement with the school district 
directors, may be revoked. (Supt. Pub. Instr., Jan. 16, 1915.) 

13. A teacher who has signed a contract to teach a given number of months has 
no right to resign to accept another position. He must fulfill his contract; other¬ 
wise the school board have a right to prefer charges against him for the violation of 
his written contract, for which offense his certificate may be revoked. (Supt. Pub. 
Instr., Jan. 18, 1916.) 

14. A county superintendent has no authority to discharge a teacher except upon 
appeal from a decision of the board of directors. Any of the causes named in sec. 307 
for revocation of a teacher’s certificate would be sufficient cause to justify the board 
in discharging a teacher. (Supt. Pub. Instr., Nov. 26, 1920.) 

15. Affidavits are not admissible in evidence in proceedings for revocation. 
Testimony may be taken either by examination of a witness or by his deposition. 
(Supt. Pub. Instr., Nov. 26, 1920.) 


308. Penalty for revocation 

In case any certificate is revoked, the holder shall not be eligible to receive 
another teacher’s certificate for a period of twelve months after the date of 
revocation. (L. ’09, p. 346, sec. 2; R. C. S., sec. 4993; P. C., sec. 5159.) 

Cross-references: Teacher whose certificate has been revoked for failure to teach 
patriotism not eligible for further certification, sec. 287. 

1. Where a decision of the superintendent of public instruction revoking a 
teacher’s certificate has been affirmed on appeal by the state board of education the 
holder cannot receive a new certificate until twelve months shall have elapsed after 
the board’s affirmance of the superintendent’s order. (Atty. Gen. Ops., 1921-22, p. 138.) 

309. Right of appeal 

Any teacher whose certificate to teach has been revoked, as provided in the 
preceding sections, and feeling aggrieved at such revocation, shall have the 
following right of appeal: 

First. To the superintendent of public instruction whenever the certificate 
has been revoked by the county superintendent. 

Second. To the state board of education when the certificate has been re¬ 
voked by the superintendent of public instruction. 

Third. -To the state board of education when the certificate has been re¬ 
voked by the faculty of the state university, the state college or the normal 
schools. 

Fourth. An appeal under the provisions of this act to the state superin¬ 
tendent shall operate as a stay of proceedings for a period of thirty (30) days, 
and an appeal to the state board of education shall operate as a stay of pro¬ 
ceedings till the next regular or special meeting of said board. (L. ’09, p. 346 
sec. 3; R. C. S., sec. 4994; P. C., sec. 5160.) 

Cross-references: General law governing appeals, sec. 410 ; right of appeal when 
county superintendent has refused to register certificate on grounds of moral character 
or personal fitness, sec. 295. 







State of Washington 


119 


ARTICLE X—EMPLOYMENT AND COMPENSATION 

310. Shall be employed by written order of the board. 

311. Wage discrimination on account of sex prohibited. 

310. Shall be employed by written order of the board 

No teacher shall be employed except by written order of a majority of the 
directors of the district at a regular or special meeting thereof, nor unless the 
holder of a legal teacher’s certificate in full force and effect for the full period 
covered by said contract. (L. ’09, p. 307, sec. 5; R. C. S., sec. 4851; P. C., sec. 
5048.) 

Cross-references: Penalties for employment of a teacher not qualified, secs. 424 
and 425 ; warrant not to be countersigned or registered for payment of teacher who 
is not qualified, sec. 849. 

1. In an action lor the recovery for services as a school teacher, from which posi¬ 
tion plaintiff was discharged before the expiration of her term of employment, where 
the allegations of the complaint regarding her employment by the directors are admitted 
by the answer, proof as to the manner of the employment is unnecessary, and errors 
committed by the court in the admission of evidence to prove her employment are 
immaterial: Fitzgerald v. School District, 5 Wash. 112. 

2. In an action tor services as teacher the introduction by plaintiff of a first grade 
certificate, regular in form, signed by the county superintendent, and two examiners 
and effective for a period more than covering the time of the employment, and which 
she states was delivered to her by the county superintendent as a teacher’s certificate, 
is primu facie proof of her being entitled to teach at the time she was so employed: Id. 

3. A teacher can recover the amount of her contract, less the sum earned else¬ 
where, where a contract was annulled by the board before the term began simply be¬ 
cause the employment was ill-advised and contrary to the wishes of a number of 
citizens: Splaine v. School District, 20 Wash. 74. 

4. The tact that a teacher was hired at other than a stated and regular meeting 
of the board of directors would raise the presumption, in the absence of proof to the 
contrary, that the meeting was held in pursuance of an adjournment of a regular 
meeting: Id. 

5. Upon the question of the regularity of a school board meeting authorizing a 
contract, it is not reversible error to exclude testimony as to whether one of the 
members received notice thereof, when it is not also shown that the meeting was not 
an adjourned meeting and such member signed the contract next day as secretary of 
the board: id. 

6. A temporary certificate to teach granted by the county superintendent of 
schools cannot be collaterally attacked in an action brought against a school district 
for breach of contract of employment to teach its school, when there is no allegation 
of fraud or collusion in obtaining the certificate: Kimball v. School District, 23 Wash. 
520. 

7. Where a person under contract to teach a school for a term of nine months has 
a license qualifying her to teach omy two months, at the time she tenders her services 
at the beginning of the school term, the district is released from its obligation to 
periosm its part of the contract, and she has no right of recovery thereon, since the 
contract is an entire one and a breach as to any material part is a complete discharge 
as to the whole: Id. 

8. It is not illegal for a teacher to contract to superintend and teach school in 
both a union high school district and one of the component districts thereof where 
school of both districts is hem in the same building ; and he may lawfully be paid 
salary by the union district and by the component district. State ex rel. Brown v. 
Mcijuade, 36 Wash. 579. 

y. A letter irom the county superintendent stating that a teacher’s papers are 
sufficient to entitle him to a certificate and that one will be issued on application as 
provided by statute, is not the equivalent of a certificate, and an action for wages will 
not lie where at the time of making the contract and entering upon the service no 
certificate had been obtained: Kester v. School District No. 3b of Walla Walla County, 
48 Wash. 4 86. 

lit. In the absence of determination of the length of the school term by a special 
meeting of the electors the directors have power and it is their duty to employ a 
teacher for such length of time in excess of the minimum term prescribed by law as 
in their judgment the finances of the district seem to warrant. (Atty. Gen. Ops., 
1893-94 p. 35.) 

11. An outgoing board of directors does not have authority to elect teachers 
for the following school year, thus depriving the succeeding board of authority. (Atty. 
Gen. Ops., 1893-94. p. 52.) 

12. A majority of the directors of a union high school district must sign the 
order employing the teacher. (Atty. Gen. Ops., 1907-08, p. 478.) 

13. The board of directors of one of the component districts of a consolidated 
district cannot make contracts which are binding upon the consolidated district. 
(Atty. Gen Ops., 1907-08. p. 534.) 

14. A teacher’s certificate is entitled to full faith and credit until it has been 
revoked, or until the teacher has been suspended pending proceedings brought to re¬ 
voke the certificate. (Atty. Gen. Ops., 1913-14, p. 149.) 

15 The duty of the county superintendent of schools in approving a contract, 
within the meaning of sec. 582, subd. 1, and sec. 440, subd. 10, is merely to approve 
the form of contract, which would include passing upon such questions as whether the 







120 


Code of Public Instruction 


contract is for a greater length of time than that prescribed by law, whether the 
teacher has a certificate to teach, etc. (Atty. Gen. Ops., 1913-14, p. 149.) 

16. A school district other than of the first class is not liable for the salary 
of a teacher who received written notice of re-election for the ensuing year and 
acknowledged the same, but did not enter into or sign a contract, and was discharged. 
(Atty. Gen. Ops.’, 1917-18, p. 89.) 

17. A teacher who holds a renewable certificate may legally contract to teach 
a term of school, even though his certificate would expire before the end of the term, 
since the certificate may be renewed at its expiration and thereby kept in force. (Supt. 
Pub. Instr., Jan. 16, 1913.) 

18. While the law permits the election of a superintendent or principal in certain 
cases for a longer period than one year, a teacher may be elected for one year only. 
(Supt. Pub. Instr., Mar. 26, 1914.) 

19. A teacher is not expected to pay his substitute, as that is the duty of the 
school board, and the board can legally pay only qualified teachers. (Supt. Pub. 
Instr., Jan. 15, 1916.) 

20. A district not holding school cannot pay part of the salary of the teacher 

in another district. (Supt. Pub. Instr., Nov. 19, 1918.) 

21. A board of directors has power to depart from the regular form provided for 

school contracts. As a general rule we do not approve of such departures, and feel 
that they should be avoided when they involve any material change. The county 
superintendent’s power of approval is only a ministerial function and does not carry 
with it the power to disapprove a contract on the ground that it contains inadvisable 
provisions. (Supt. Pub. Instr., Aug. 17, 1920.) 

22. A teacher cannot legally employ as his assistant for purposes of teaching 
a young lady who is not the holder of a certificate and who would, be paid out of his 
salary. (Supt. Pub. Instr., Sept. 14, 1920.) 

23. No person may be employed as a teacher who is not a qualified teacher. We 

are unable to find any provision of the code which excepts substitute teachers from 

the provisions of sec. 310. (Supt. Pub. Instr., Nov. 13, 1920.) 

311. Equality of wage for male and female teachers 

It shall he unlawful for any board of school directors in fixing the com¬ 
pensation of any teacher in the public schools of this state to discriminate 
between male and female teachers on account of sex: Provided , That this act 
shall not affect any contract entered into prior to the date of passage thereof. 
(L. ’19, p. 55, sec. 1; R. C. S., sec. 4852; P. C., sec. 5048a.) 

1. The mere adoption by a board of school directors of a resolution to the effect 
that married men should be employed for six periods per day, the additional period to 
be paid for at the same rate as the regular five periods according to the salary schedule 
as finally adopted, w-ould not constitute a violation of this section as the board of 
directors might have grounds for hiring male teachers for these additional periods, 
not based upon discrimination as to sex. If the board should find that all other 
conditions were equal and its action should be based purely upon a difference in sex, 
its adoption of such resolutior. would constitute a violation of the statute. (Attv. 
Gen., May 24. 1920.) 


ARTICLE XI—TEACHERS—POWERS, DUTIES AND RIGHTS 

312. Teachers must report to county superintendent. 

313. May suspend pupils. 

314. Penalty for maltreatment of a pupil. 

315. Must teach morality and patriotism. 

316. Penalty for failure to enforce course of study. 

317. Shall keep register. 

318. Penalty for false report of the presence of pupils. 

319. Shall enforce course of study and prescribed regulations. 

320. Penalty for abusing a teacher. 

321. Shall not be required to teach on holidays. 

312. Teachers must report to county superintendent 

Every teacher who shall be teaching at the close of the school year, or 
who shall teach the last term of any school year, in any school district, shall 
make a report to the county superintendent immediately upon the close of such 
school year or term for the entire time taught in said school district since the 
beginning of the school year. Copies of all reports made by teachers shall be 
furnished to the clerk of the district, to be by him filed in his office. No board 
of directors shall draw any order or warrant for the salary of any teacher for 
the last month of his or her service, until the reports herein required shall have 
been made, and the same approved by the county superintendent: Provided , 
That in all schools acting under the direction of the city superintendent the 





State of Washington 


121 


report of such superintendent shall be accepted by the county superintendent 
and the directors, in lieu of the teacher’s reports, and that when there is no city 
superintendent, the report of the principal shall be accepted in lieu of the 
teacher’s report. (L. ’09, p. 307, sec. 2; R. C. S., sec. 4848; P. C., sec. 5045.) 

Cross-references: County superintendent to require teachers’ reports to be made 
promptly, sec. 441 ; county auditor not to issue or register warrant for salary for last 
month until county superintendent certifies that report has been made, sec. 851. 

313. May suspend pupils 

Every teacher shall have the power to hold every pupil to a strict account¬ 
ability in school for any disorderly conduct on the way to and from school, or 
on the grounds of the school, or during the intermission or recess; to suspend 
from school any pupil for good cause: Provided, That such suspension shall be 
reported to the directors as soon as practicable for their decision. (L. ’09, p. 
308, sec. 7; R. C. S., sec. 4854; P. C., sec. 5050.) 

Cross-references: Grounds for expulsion of pupils, sec. 351 ; suspension for injury 
to school property, sec. 352 ; directors may suspend or expel, sec. 582. subd. 6 ; duties 
and discipline of pupils, rules of the state board for government of pupils, appendix A ; 
powers and duties of teachers as to suspension of pupils, rule 6, appendix A. 

1. A complaint charging that a boy 17 years of age associates with disorderly 
boys and was disorderly at a public school during school hours sufficiently states 
facts constituting dependency as defined by the juvenile court act, sec. 379: State 
ex rel. Raddue v. Superior Court, 106 Wash. 619. 

2. A teacher has no lawful right to punish a boy for his conduct after reaching 
home. Teachers during the school year have jurisdiction over the pupils when they 
are upon the school grounds, whether it be during the school hours or after they have 
reported to their parents or guardians. An extensive line of court decisions in dif¬ 
ferent states holds that the right of the teacher to punish or suspend a pupil is not 
limited to acts done during school hours, but may extend to acts committed outside of 
the school room if the effect of such act reaches within the school room and is detri¬ 
mental to good order and the best interests of the school; and that rule applies to 
the conduct of the pupil after he returns home and on ordinary holidays as well as to 
his conduct in going to and from school. (Atty. Gen. Ops., 1907-8, p. 36.) 

3. Refusal to salute the flag constitutes proper grounds for expulsion of a pupil. 
(Supt. Pub. Instr., Jan. 31, 1920.) 

4. A teacher has control over her pupils from the time they leave home until 
they return. (Supt. Pub. Instr., Mar. 8, 1915.) 


314. Penalty for maltreatment of a pupil 

Any teacher who shall maltreat or abuse any pupil by administering any 
unjust punishment, or who shall inflict punishment on the head or face of a 
pupil, shall be deemed guilty of a misdemeanor, and upon conviction thereof 
before any court of competent jurisdiction shall be fined in any sum not ex¬ 
ceeding one hundred dollars. Said fine, when collected, shall be turned over 
to the county treasurer and by him transmitted to the state treasurer, who 
shall place the same to the credit of the current school fund of the state. (L. 
’09, p. 360, sec. 9; R. C. S., sec. 5052; P. C., sec. 5198.) 

Cross-reference: Regulation of corporal punishment, rule 5 of the rules and reg¬ 
ulations of the state board for teachers, appendix A. 

315. Must teach morality and patriotism 

It shall be the duty of all teachers to endeavor to impress on the minds of 
their pupils the principles of morality, truth, justice, temperance, humanity and 
patriotism; to teach them to avoid idleness, profanity and falsehood; to instruct 
them in the principles of free government, and to train them up to the true 
comprehension of the rights, duty and dignity of American citizenship. (L. ’09, 
p. 308, sec. 8; R. C. S., sec. 4855; P. C. sec. 5051.) 

Cross-references: Other provisions as to moral education, sec. 247 ; completion of 
course in American history and government required as prerequisite for high school 
graduation, sec. 262 ; penalty for failure to teach patriotism, sec. 287. 

1. The giving of credits for Bible study done outside of school, furnishing an 
outline of study, conducting examinations, and the rating of papers, covering the 
“historical, biographical, narrative and literary features of the Bible,” violates Const., 
art. 1. sec. 11, providing that no public money shall be applied to any religious worship, 
exercise or instruction. State ex rel. Dearie v. Frazier, 102 Wash. 369. 

2. The stated reading of the Bible in the public schools of this state is a religious 
exercise within the meaning of the constitution, and as such is thereby prohibited in 
sec. 11, art. 1 of that document. (Atty. Gen. Ops., 1891-92, p. 142.) 






122 


Code of Public Instruction 


316. Penalty lor failure to enforce course of study 

Any teacher who wilfully refuses or neglects to enforce the course of study 
or the rules and regulations required by the state board of education, or by 
any other lawful authority, shall not be allowed by the directors any warrant 
for salary due until said teacher shall have complied with said requirements. 
(L. ’09, p. 360, sec. 8; R. C. S., sec. 5051; P. C., sec. 5197.) 

Cross-references: State board to prescribe course of study and rules, sec. 17, subd. 
7 ; pupils to pursue required course, sec. 351 ; penalty for failure of district to follow 
required course, sec. 425 ; county superintendent to enforce, sec. 440, subd. 4 ; directors 
to enforce, sec. 582, subd. 2 ; rules and regulations of the state board set forth, ap¬ 
pendix A. 

317. Shall keep register 

Every teacher shall keep a school register in the manner provided for, and 
no board of directors shall draw any order or warrant for the salary of any 
teacher for the last month of his service in the school at the end of any term 
or year, until they shall have received a certificate from the district clerk 
countersigned by the county superintendent that the said register has been 
properly kept, the summaries made and the statistics entered, or until, by per¬ 
sonal examination, they shall have satisfied themselves that it has been done. 
(L. ’09, p. 307, sec. 3; R. C. S., sec. 4849; P. C., sec. 5046.) 

Cross-references: Superintendent of public instruction to prepare registers and 
have them printed, sec. 6, subd. 3 ; county superintendent to furnish upon requisition, 
sec. 440. subd. 19 ; and to supervise the keeping of the register, sec. 441 ; clerk to supply 
the teacher, sec. 587, subd. 7. 

1. For the purpose of apportionment, the attendance of Indian children at a 
public school should be counted. (Supt. Pub. Instr., June 3, 1914.) 

2. For the purpose of apportionment, the time consumed by a debating team 
on a debating trip may be considered the same as attendance in the school room. 
(Supt. Pub. Instr., Mar. 19, 1915.) 

3. No attendance money can be claimed for a pupil until he is six years of 
age. and he cannot be considered as being six years of age until he reaches his sixth 
birthday. (Supt. Pub. Instr., Dec. 13, 1915.) But see sec. 636, enacted after this 
ruling was made, providing for credit for kindergarten attendance. 

4. In any case where it is known that a pupil is to be absent from school the 
teacher may drop the pupil from the register as soon as the cause of the pupil’s 
absence can be reliably established. (Supt. Pub. Instr., Feb. 29, 1916.) 

5. Attendance at a school fnir may be counted for purpose of apportionment of 
school funds, provided that the children attend as a class under the supervision of the 
teacher, during school' hours, for such length of time as, added to the hours spent 
in school on that day. will equal the minimum number of hours required to make a 
school day If this plan for obtaining credit attendance is followed all children must 
be required to attend. All conditions for regular attendance must be met. No credit 
can be allowed for Saturday attendance at the fair. Attendance can be counted only 
when the children are attending the fair for strictly educational purposes. Participa¬ 
tion in contests not having direct bearing on school work cannot be credited as at¬ 
tendance for the purpose of apportionment of school funds. School must not be con¬ 
sidered as dismissed, but as being held at the fair instead of in the school buildings. 
(Supt. Pub. Instr., Sept. 20, 1919.) 

6 When the principal’s contract calls for his services commencing Sept. 7, and 
that of the primary teacher. Sept. 14. while the opening of school was delayed until 
Sept. 20, the actual date of opening school should govern for the purposes of recording 
attendance in the registers. (Supt. Pub. Instr., Oct. 2. 1920.) 

7. Attendance at a school picnic cannot be counted when the conditions of regular 
attendance have not been met and when such attendance is not for strictly educational 
purposes. (Supt. Pub. Instr., Apr. 21, 1922.) 

318. Penalty for false report of the presence of pupils 

Any teacher, principal or superintendent who shall knowingly report, 
cause to be reported, or permit to he reported, the presence of any pupil or 
pupils at school, when such pupil or pupils were absent, or when school is not 
in session, shall forfeit his certificate or subject it to revocation and the same 
shall not be restored or a new one granted within one year after such forfeiture 
or revocation: Provided , That pupils who are excused from attendance at ex¬ 
aminations for promotion, having completed their work in accordance with the 
rules of the board of directors, shall he accredited with attendance during said 
days of examination. (L. ’09, p. 361, sec. 13; R. C. S., sec. 5056; P C sec 
5202.) 

Cross-references: Revocation of certificates, secs. 307-309 ; attendance of less than 
one hour not to be counted for half-day session, rule 12, appendix A. 





State of Washington 


123 


319. Shall enforce course of study and prescribed regulations 

Teachers shall faithfully enforce in the schools the course of study and 
regulations prescribed, and shall furnish promptly all information relating to 
the school which may be requested by the county superintendent. (L. ’09, p 
307, sec. 4; R. C. S., sec. 4850; P. C., sec. 5047.) 


Cross-reference: Penalty for failure to enforce course of study, sec. 316. 

1. The school teacher, not the board of directors, is the proper authority to 
determine to what grade or course a pupil properly belongs. (Atty. Gen. Ops., 1901-02, 

p. 211.) 

2. The county superintendent of schools has the right to call for a quarterly 
report, or any other report, from districts of the second class. (Supt. Pub. Instr., 
Jan. 15, 1915.) 


320. Penalty for abusing a teacher 

Any parent, guardian or other person who shall insult or abuse a teacher 
in the presence of his school, or anywhere on the school grounds or premises, 
shall be deemed guilty of a misdemeanor and be liable to a fine of not less than 
ten dollars nor more than one hundred dollars, and said fine shall be turned 
over to the county treasurer, and by him remitted to the state treasurer, who 
shall place the same to the credit of the current school fund of the state. (L. ’09, 
p. 360, sec. 11; R. C. S., sec. 5054; P. C., sec. 5200.) 

Cross-reference: Penalty for disturbing a school or school meeting, sec. 426. 

321. Shall not be required to teach on holidays 

No teacher shall be required to teach school on Saturdays, Labor Day, 
Thanksgiving Day and the day immediately following Thanksgiving Day, 
Christmas, New Year’s, Washington’s Birthday, Memorial Day, or Fourth 
of July: Provided , That no reduction from the teacher’s time or salary shall 
be made by reason of the fact that a school day happens to be one of the days 
referred to in this section as a day on which school shall not be taught. (L. ’09, 
p. 308, sec. 6; R. C. S., sec. 4853; P. C., sec. 5049.) 

Cross-references: Exercises required on Victory and Admission Day, sec. 399 ; 
on Temperance and Good Citizenship Day. sec. 397. 

1. School directors have power to dismiss the school on any legal holiday not 
designated in this section but teachers do not receive pay for any holiday upon which 
school was not held other than those mentioned in the above section. (Atty. Gen. 
Ops., 1905-6, p. 118.) But see sec. 399, note 1, as to Victory and Admission Day. 

2. When a teacher has a contract to teach school for a certain number of months 
and Christmas and New Year’s come during the time of this contract, each falling 
on Monday, and the teacher dismisses school on Friday evening to convene again on a 
week from the following Tuesday, January 2nd, she is entitled to compensation for 
New Year’s Day, as it is a reasonable presumption that, if Monday had not been a 
holiday school would have been held the entire week. The teacher should not be 
allowed pay for the week during which there was no school, and should be required 
to teach a full week, or five days, to make up the time lost by the vacation. (Atty. 
Gen. Ops., 1905-6. p. 268.) 

3. When any holiday falls in term time school need not be kept on such day 
and if no session is held, the teacher is nevertheless entitled to draw pay for such 
day and to have it counted as a part of the current school month. (Atty. Gen. Ops., 
1907-08, p. 281.) 

4. If the teacher’s contract is for a term of nine months or any other given 
number of months, and during the term of the contract there is a school vacation of 
sufficiently long period to include days which are not legal school holidays, such 
vacation period is not to be included in computing the time that such teacher is re¬ 
quired to teach by his or her contract. The last statement, however, may be subject 
to some exceptions. If the school were closed by order of the board for such cause 
as a prevailing epidemic and such closing of school was through no fault of the 
teacher, the teacher would, no doubt, be entitled to wages covering such period, and if, 
for instance, the weather or other unavoidable conditions should require a short 
suspension of school during the regular term time, the law could be somewhat liberally 
construed, and the teacher should be entitled to pay for such a period. (Atty. Gen. 
Ops., 1907-08, p. 282.) 

5. Attendance on Saturday, -which is not a school day. cannot legally be counted 
for purpose of school apportionment. (Atty. Gen. Ops., 1917-18, p. 231.) 

6. A school district has no power to make a contract requiring school to be held 
on Saturday and agreeing to pay a teacher for her services on that day, nor may 
the teacher waive the prohibition that she may not be required to teach on Saturday. 
No liability is attached to the county superintendent if he should register a contract. 
The county auditor can legally refuse to issue warrants in payment of any claim for 
teaching on Saturday. (Atty. Gen. Ops., 1917-18, p. 356.) 

7. Contracts cannot be legally drawn so that the district shall not be liable for 
the teacher’s salary for holidays. (Atty. Gen., May 20, 1913.) 







124 


Code of Public Instruction 


8. Teachers are not entitled to credit for Christmas and New Year’s when these 
days fall within the holiday vacation period, and the school authorities are justified 
in requiring teachers to make up the entire time lost during said period. (Atty. Gen., 
Feb. 11, 1914.) 

9. The provision of this section forbidding reduction from the teacher’s time or 
salary has application only to the school holidays enumerated and does not have ap¬ 
plication to other holidays even though they are general legal holidays. Although a 
general legal holiday may not be a school holiday within the meaning of the school law, 
this does not mean that a general legal holiday may not be observed by the public 
schools. (Atty. Gen., May 25, 1916.) But see sec. 399, note 1, as to Victory and 
Admission Day. 

10. There is nothing to prevent the school authorities from observing the day 
following Memorial or Decoration day when Memorial or Decoration day falls on 
Sunday, or from observing any other general legal holiday, but no school apportion¬ 
ment can be allowed for a holiday thus observed unless it is one of the school holidays 
enumerated in sec. 321. (Atty. Gen., May 25, 1916.) 

11. Sec. 774 does not authorize the superintendent of public instruction to con¬ 
stitute any day a school holiday which is not so constituted by sec. 321 and hence a 
school district would not be entitled to apportionment for a holiday other than one 
enumerated in sec. 321. (Atty. Gen., May 25, 1916.) 

12. Holidays designated by the governor other than those mentioned in this 
section are not school holidays. (Atty. Gen.. May 29, 1917.) 

13. There is nothing in the law to prohibit inclusion of a clause in a teacher’s 
contract to the effect that if school is closed the teacher shall not receive pay for time 
out, but such a provision would be invalid in case the directors should attempt to de¬ 
duct pay because school was closed on Saturdays or any of the holidays enumerated 
in sec. 321. (Atty. Gen., May 20, 1920.) 

14. Teachers are not exempt from teaching on the day following Christmas, New 
Year’s Day, Washington’s Birthday, Memorial Day and Fourth of July, respectively. 
The only day following a holiday specified by law as a day on which school shall not 
be held is the day immediately following Thanksgiving Day. (Supt. Pub. Instr., March 
13, 1915.) 

15. School attendance on any school day during Christmas week may be counted 
in the apportionment of school funds. Christmas day and New Year’s day are the 
only days during the holiday season for which attendance cannot be counted. (Supt. 
Pub. Instr., Dec. 13, 1916.) 

16. Teachers whose contracts conform substantially to form No. 34, appendix D. 
Code of Public Instruction, are not entitled to credit for Christmas vacation when 
school is closed by the board of directors, except that they may draw salary for 
Christmas and New Year’s Day if those days do not fall within the vacation period. 
(Supt. Pub. Instr., Dec. 11, 1920.) 

17. When a legal school holiday falls on Saturday there is no provision of the 
code making the Monday following a legal school holiday for which teachers are 
entitled to credit and the district to attendance for purposes of apportionment. School 
might be closed on that day by order of the board of directors, but no salary credit 
to the teacher or attendance credit to the district could be allowed for the day if 
school were closed. (Supt. Pub. Instr., Jan. 17, 1921.) 


ARTICLE XII—TEACHERS—STATE RETIREMENT FUND 

322. Terms defined. 

323. Fund created. 

324. Board of trustees. 

325. Rules and regulations. 

326. Organization of board of trustees—officers. 

327. Meetings. 

328. Office and salary. 

329. Membership upon application. 

330. Applications for membership—time limited. 

331. Membership compulsory, when. 

332. Dues. 

333. Services to be credited. 

334. Fiscal year—accounts. 

335. Trustees to estimate receipts and disbursements. 

336. Investment of excess funds. 

337. Credit for previous contributions. 

338. Retirement—annuities. 

339. Disability annuities. 

340. Annuities to be credited or paid in installments. 

341. Deficiency—payments to be pro-rata. 

342. Effect of discharge or re-employment. 

343. Death of member—payment to legal representatives. 

344. Claims—forms and hearing. 




State of Washing ton 


125 


345. Claims—allowance or rejection. 

346. Appeals. 

347. Partial invalidity of act—effect. 

348. Transfer of local funds. 

349. Transfer of member to local fund. 

350. Act not applicable to local funds. 

322. Terms defined 

The word “teacher” wherever used in this act shall be held and construed to 
mean and include any person regularly employed as teacher, instructor, princi¬ 
pal, supervisor, state, county or city superintendent, in the public schools of 
this state, or as an assistant to any such teacher, instructor, principal, super¬ 
visor or superintendent. The word “member” wherever used in the act shall 
be held and construed to mean and include any teacher who shall be a con¬ 
tributor to the retirement fund mentioned in section 323, also any person who 
shall be an annuitant of such fund, also any teacher while temporarily absent 
on leave for professional preparation, as hereinafter provided. The word “an¬ 
nuitant” wherever used in this act shall be held and construed to mean and 
include any member who shall have been retired and shall be entitled to receive 
an annuity under the provisions of this act. The word “trustees” wherever used 
in this act shall be held and construed to mean and include a regularly elected, 
qualified or acting member of the board of trustees provided for in section 324. 
(L. ’23, p. 637, sec. 1.) 

Cross-references: Regents of the §tate university and state college may apply fof 
participation in the Carnegie fund, sec. 53 ; teachers’ retirement funds in districts of 
the first class, sec. 681. 

323. Fund created 

There is hereby created and established a state teachers’ retirement fund 
which shall consist of contributions from teachers and from such other source 
as may be provided by law, which fund shall be received and disbursed by the 
state treasurer and shall be administered by the state as in this act provided. 
(L. ’23, p. 638, sec. 2.) 

324. Board of trustees 

A board of trustees, which shall be known as the board of trustees of the 
state teachers’ retirement fund, consisting of the state superintendent of public 
instruction, the state insurance commissioner and three members of the fund, 
at least one of whom shall be a classroom teacher, to be chosen by the state 
board of education shall administer the retirement fund mentioned in the last 
preceding section. The three member trustees shall be appointed as follows: 
On or before the 28th day of June, 1923, one member shall be appointed for the 
period of one year, one for the period of two years and the third for a period 
of three years beginning July 1st, 1923. One member trustee shall be appointed 
in the same manner each year thereafter for a period of three years from the 
1st day of July. Any vacancy in the board of trustees shall be filled by the 
state board of education by the appointment of a member for the unexpired 
term. (L. ’23, p. 638, sec. 3.) 

325. Rules and regulations 

The board of trustees shall have power to make any rules, regulations and 
orders not inconsistent with the provisions of this act, which may be necessary 
or convenient in the carrying into effect and enforcement of this act. (L. ’23, 
p. 638, sec. 4.) 

1. The board has power to enact a rule or regulation making deductions or 
assessments retroactive to a certain specified date. (Atty. Gen., Nov. 1, 1923.) 

326. Organization of board of trustees—Officers 

On the second Monday of July, 1923, the board of trustees shall meet and 
organize by the election of a president and a secretary to serve for the term of 
one year, and thereafter shall annually on the second Monday in July, elect 
said officers for the term of one year. The secretary of the board of trustees 
may or may not be a member of the board. The trustees shall serve without 



126 


Code of Public Instruction 


pay, but the secretary, whether a trustee or not, shall receive such reasonable 
salary as the board may authorize: Provided, Trustees shall be entitled to 
actual traveling expenses made necessary by reason of attendance upon meet¬ 
ings of the board upon filing with the secretary an itemized claim therefor, such 
claim to be approved by the president and secretary of the board. The state 
treasurer, the state auditor and the attorney general shall be ex-officio treasurer, 
auditor and legal adviser, respectively, of the board of trustees, and shall be 
liable, respectively, upon their official bonds for the faithful performance of 
their duties under the provisions of this act, and shall serve without extra com¬ 
pensation: Provided, further, In case of emergency or whenever they shall 
deem it for the best interests of the fund, the trustees may employ attorneys 
and pay reasonable fees for the services rendered out of the retirement fund. 
(L. ’23, p. 639, sec. 5.) 

327. Meetings 

The board of trustees shall hold regular meetings on the second Monday in 
October, January, April and July of each year, and may hold special meetings 
at the call of the president or three trustees, and may adjourn any regular meet¬ 
ing from day to day, or time to time, until the business before the board is 
completed. (L. ’23, p. 639, sec. 6.) 

328. Office and salary 

A place for the transaction of the business of the board of trustees and an 
office for the secretary, together with all necessary furniture and supplies, in¬ 
cluding books, records, blanks and forms as prescribed by the state bureau of 
inspection and supervision of public offices, shall be furnished by the state, such 
office to be located at the state capitol. All other expenses, including the salaries 
of the secretary and all necessary clerical assistants, shall be paid out of the 
retirement fund. (L. ’23, p. 639, sec. 7.) 

Note : Bureau of inspection and supervision of public offices abolished, Laws 
1921, p. 68, sec. 135; R. C. S., sec. 10893; P. C., sec. 4-135; powers and duties trans¬ 
ferred to director of efficiency, Laws 1921, p. 30, sec. 47 ; R. C. S., sec. 10805 ; P. C., 
sec. 4-47. 

329. Membership upon application 

Any teacher while employed as such in this state or who is absent on leave 
from any school district, not being a member of a local teachers’ retirement 
fund in this state, may at any time prior to May 1, 1924, file with the secretary 
of the board of trustees, upon a blank to be furnished for that purpose, an 
application for membership in the state teachers’ retirement fund, verified under 
oath by the applicant, and showing a detailed statement of the applicant’s service 
as a teacher in any district in this state and elsewhere, giving the years and 
months of service in each, respectively, and shall file with such application, 
upon blanks to be furnished for the purpose, such proof of service certified by 
the clerk or other officer having charge of the records of the district where the 
service was rendered, as may be required by the board of trustees. (L. ’23, p. 
640, sec. 8.) 

Cross-reference: Membership in local teachers’ retirement funds, secs. 687-689. 

1. A teacher may be credited for previous service performed in schools outside of 
the state, but such service must have been performed in the public schools. (Attv 
Gen., Nov. 1, 1923.) 

2. A teacher may be credited for services performed in the American Expedi¬ 
tionary Forces whether in this country or abroad. (Atty. Gen., Nov. 1, 1923.) 

3. A government school for the education of Indians and Eskimos is a public 
school. (Atty. Gen., Nov. 1, 1923.) 

330. Applications for membership—Time limit 

All applications for membership shall be considered by the board of trustees 
at the next regular meeting after the same are filed, or at a special meeting 
called for that purpose before the next regular meeting, and, if the application 
is found to be in proper form and accompanied by the proof required by the 
trustees, the applicant’s name shall be entered upon the membership register of 
the fund, together with the respective totals of years and months of service 
allowed in any district in this state, and elsewhere, respectively, and a certificate 
of membership showing the date of issue and the former teaching service al- 





State of Washington 


127 


lowed, shall he delivered to the applicant and a duplicate thereof transmitted to 
the secretary or clerk of the school district where such teacher is employed, 
who shall cause the same to he entered upon the records of the district. In 
making allowance for former service, a year of service shall be a legal school 
year where the service was rendered and fractions of years of service may be 
counted in computing the total years of service when the sum of such fraction 
equals one or more years: Provided, That no teacher shall receive more than 
one year’s credit for teaching in any school year, as defined by the school code 
of this state: Provided further, No teacher having the right to make applica¬ 
tion for membership prior to May 1, 1924, as provided in section 329, who has 
failed or refused to do so, shall be received into membership. (L. ’23, p. 640, 
sec. 9.) 

Cross-reference: The school year defined, secs. 245 and 246. 

1. The applicant does not become a full-fledged member until prior service is 
approved and his or her name is entered upon the membership register. The certifi¬ 
cate of membership should issue simultaneously and bear the date applicant’s name 
is enrolled upon the register. (Atty. Gen., Nov. 1, 1923.) 

331. Membership compulsory, when 

Every teacher except those mentioned in the last proviso of section 330 
and those now or hereafter members of a local teachers’ retirement fund in this 
state entering the employment of any school district in this state not having a 
local teachers’ retirement fund, shall become a member of such state fund by 
virtue of such employment, and it shall be the duty of the secretary or clerk of 
the district or institution, at the time a new teacher is employed, to file with 
the secretary of the fund a notice, in writing, stating the name of the teacher 
and the date when the employment begins, and to notify the teacher in writing 
of the provisions of this act with reference to membership in the fund and that 
an application for credit for former service, on a form to be furnished for that 
purpose, may be filed with the secretary of the fund within six months from 
the date of the beginning of such employment. In case such application is filed 
within six months the same shall be considered by the board of trustees and 
credit allowed and certificate of membership issued as in the case of original 
applications for membership. In case such application for credit for former 
service is not filed within six months, the teacher’s name shall be entered upon 
the membership register of the fund without credit for former service and a 
certificate of membership without such credit shall be issued as in the case of 
original application for membership. (L. ’23, p. 641, sec. 10.) 

1. The “beginning of employment” as used in this section is not contemporaneous 
with the signing of the contract, but with the date actual teaching services, commence. 
(Atty. Gen., Nov. 1, 1923.) 

2. A teacher becomes a member of the fund when his or her employment com¬ 
mences, and although that membership will not be fully perfected until a certificate 
is issued, the district may, after the issuance of the certificate, deduct assessments 
from the teacher’s salary, making such deductions retroactive to the beginning of 
employment. (Atty. Gen.. Nov. 1. 1923.) 

3. The act makes it entirely optional with teachers employed in the state to 
join the fund prior to May 1, 1924, whether or not they were employed as teachers 
before June 7, 1923, when the act took effect. It at any time before May 1, 1924, 
they are employed in the public schools of the state they acquire the option to join and 
in case of their failure to join, they are thereafter debarred from membership. The 
only so-called compulsory members of the fund, therefore, will be teachers entering 
the employment of any school district in the state after May 1. 1924. (Atty. Gen., 
Nov 1, 1923.) 

332. Dues 

It shall be the duty of the board of directors of each school district, to 
assess against and deduct from the salary of each member of the fund em¬ 
ployed by the district, membership dues at the following rates, to-wit: Twelve 
dollars ($12.00) per year up to and including the tenth year of total service; 
twenty-four dollars ($24.00) per year from and including the eleventh and up 
to and including the twentieth year of total service; and thirty-six dollars 
($36.00) from and including the twenty-first year of total service, until the 
total contribution of the member to the fund shall equal seven hundred and 
twenty dollars ($720.00). Said assessments and deductions to be made in two 
equal semi-annual installments from the salary of such member earned in the 
months of November and April, respectively, of each school year. A receipt for 





128 


Code of Public Instruction 


the amount deducted, signed by the secretary or clerk of the district, shall be 
delivered to the member with the warrant for the installment of salary from 
which the deduction is made. Every member of the fund other than annuitants 
and those from whose salaries deductions are being made and every member ol 
the fund granted leave of absence for professional preparation shall on or before 
the fifth day of December and May respectively of each year, pay to the state 
treasurer for the benefit of the fund a like amount as is hereinabove required 
to be deducted from the salary of a member employed by any district and take 
the treasurer’s receipt therefor. It shall be the duty of the secretary or clerk 
of any district on or before the tenth day of December and May, respectively, 
in each year, to draw a warrant upon the county treasurer payable out of the 
general fund of the district and in favor of the state treasurer covering the 
total amount of deductions made during the preceding six months, and upon 
the presentation of such warrant the county treasurer shall transfer the amount 
thereof from the general fund of the district to the state treasurer. The state 
treasurer shall place the amounts so received to the credit of the teachers’ re¬ 
tirement fund and shall disburse the same upon warrants issued by order of the 
board of trustees signed by the president and secretary of the fund. (L. ’23, 
p. 642, sec. 11.) 

Cross-reference: The school year defined, secs. 245 and 24 6. 

1. No deductions can be made or assessments collected until the application is 
approved and a certificate of membership issued ; but deductions or assessments may 
be made retroactive to a certain specified date and the board has power to enact a 
rule or regulation to that effect. (Atty. Gen., Nov. 1, 1923.) 

2. Tlie board has power to adopt a by-law providing that all teachers volun¬ 
tarily becoming members prior to December 5th shall be required to pay the assess¬ 
ment for an entire year or have an entire year’s assessment deducted from their 
salaries, and that those joining the fund subsequent to December 5th shall be subject 
to the assessment for half a year. (Atty. Gen., Nov. 1, 1923.) 


333. Services to be credited 

It shall be the duty of the secretary or clerk of the district, at the time of 
issuing the warrants above provided for, to certify to the secretary of the fund 
the names of the teachers assessed and the respective amounts deducted from 
the salary of each, together with the respective number of months of service since 
the last certificate. Upon receiving such certificate, it shall be the duty of the 
secretary of the fund to credit the members with the respective months of 
service, and respective amounts contributed by each, in the proper columns of 
the membership register after their respective names. Each member of the 
fund, other than annuitants, who is not employed by a district, or who has 
been granted leave of absence for professional preparation by the board of 
directors, shall on or before the 10th day of December, and on or before the 
10th day of May of each year present his receipt from the state treasurer for 
his payment for the fund, to the secretary of the fund, together with a verified 
statement of the amount and character of service rendered of preparation pur¬ 
sued during the preceding half year, and it shall be the duty of the secretary 
to credit such service and contribution to such member on the membership 
register and endorse such credit on the receipt and return it to the member: 
Provided , That credit shall not be allowed a member absent on leave for pro¬ 
fessional preparation in excess of two years of total absence on such leave, or 
in excess of one year of absence on such leave in any ten-year period of total 
service. (L. ’23, p. 643, sec. 12.) 

1. The leave of absence meant is a leave granted by the board of directoi's for 
professional preparation. If. as appears to be true, there is no authority in the general 
statutes permitting school directors to grant leaves of absence to teachers for pro¬ 
fessional preparation, obviously the provisions of the act as to leaves of absence can 
be given no effect, but this fact does not warrant us in giving the term “leave of 
absence" any other than its plain meaning. In order to obtain credit for time spent 
on such leave of absence a teacher must present the order granting leave or a certi¬ 
fied copy thereof. If no written order was made by the school officers, the trustees 
of the fund, could credit the applicant with service for her professional preparation 
upon being furnished with evidence by the board of directors by whom she was em¬ 
ployed, attesting the fact that the teacher in question was granted a leave for such 
purpose. (Atty. Gen., Nov. 1, 1923.) 




State of Washington 


129 


334. Fiscal year—Accounts 

The fiscal year of the retirement fund established under the provisions of 
this act shall begin on the first day of July in each year and end on the thir¬ 
tieth day of June following, and it shall be the duty of the state treasurer, on 
or before the second Monday of July of each year, to certify to the board of 
trustees the balance of cash remaining in the fund at the close of the preceding 
fiscal year, and the face value of and the amount of interest acrrued upon any 
securities belonging to the fund, and it shall be the duty of the treasurer, from 
time to time, upon written request of*the trustees, to certify the amount of cash 
remaining in, and face value of and the amount of interest accrued upon any 
securities belonging to the fund at any given date. (L. ’23, p. 644, sec. 13.) 

Cross-reference: Fiscal year for school districts defined, sec. 837. 

335. Trustees to estimate receipts and disbursements 

It shall be the duty of the board of trustees, at its regular meeting in July 
of each year, to make an estimate of the total receipts of the fund for the cur¬ 
rent fiscal year, including membership dues, interest earned on securities belong¬ 
ing to the fund, and an estimate of the total disbursements from the fund during 
the current fiscal year, including retirement annuities, disability annuities, the 
secretary’s salary, other expense, refunds to discharged members and payments 
to beneficiaries of deceased members. (L. ’23, p. 644, sec. 14.) 

336. Investment of excess funds 

If at any time it shall appear to the board of trustees that the balance of 
cash remaining in the fund, together with the estimated receipts for the re¬ 
mainder of the fiscal year, will exceed the estimated disbursements for the re¬ 
mainder of the year, in the sum of five thousand dollars ($5,000.00) or more, it 
shall be the duty of the board of trustees to authorize the state treasurer to 
invest such excess in such bonds as are by law authorized for the investment 
of the permanent school funds of the state, and in such investment to give pref¬ 
erence to school district bonds regularly created and issued. Upon such invest¬ 
ment being authorized by the board of trustees, the treasurer shall purchase such 
bonds as directed, and shall collect all interest payments falling due thereon, 
and the principal at maturity, and credit the amounts so collected to the retire¬ 
ment fund. If at any time it shall appear to the board of trustees, that the cash 
remaining in the fund together with the estimated receipts for the remainder 
of the fiscal year will not meet the estimated disbursements as they shall fall 
due, it shall be the duty of the board to instruct the treasurer to sell so many 
of the bonds belonging to the fund as will produce cash sufficient for that pur¬ 
pose. (L. ’23, p. 644, sec. 15.) 

Cross-reference: Investment of the permanent school fund, sec. 750 et seq. 

337. Credit for previous contributions 

Any member leaving the employment of a school district in this state other 
than as an annuitant or upon leave of absence expressly granted, shall upon 
being reemployed as a teacher in this state be credited with contributions 
previously made to the fund and upon satisfactory proof shall be credited with 
such service in teaching as has been rendered in the interim. (L. ’23, p. 645, 
sec. 16.) 

338. Retirement—Annuities 

Any member of the fund who shall have been a teacher for a period of, or 
periods aggregating thirty years, embracing not less than two hundred and 
forty months of service, fifteen years of which service shall have been in the 
public schools of this state, shall be entitled, upon and during retirement from 
service in the public schools to receive a retirement annuity of four hundred 
and eighty dollars ($480.00): Provided^ That no retirement annuity shall be 
credited or paid to a member until the expiration of one year from the date 
of the certificate of membership of such member: Provided further, In case the 
credit for the membership dues of any member at the date of retirement shall 
be less than the sum of seven hundred twenty dollars ($720.00), there shall be 
retained from the first retirement annuity payments a sufficient amount to make 
—5 



130 


Code of Public Instruction 


the total credit of such retiring member equal the sum of seven hundred twenty 
dollars ($720.00) and thereafter such retiring member shall be entitled to the 
annuity payments provided for above. (L. ’23, p. 645, sec. 17.) 

1. In order to receive the annuity a member must have been a teacher thirty 
calendar years of twelve months each during which time he must have actually taught 
at least 240 months. It is not possible for a city or county superintendent who actually 
serves twelve months in the year to cumulate his services and thereby accelerate his 
retirement within a period of less than thirty years. Notwithstanding the fact that 
ho may be credited with 240 months of service he will not be entitled to the retire¬ 
ment annuity until the expiration of thirty full years as a teacher. (Atty. Gen., 
Sept. 24, 1923.) 

2. An applicant who has the required thirty years of service and is otherwise 
eligible but is unable to pay the full sum of $720 may retire from the teaching service, 
after making an initial payment of $36. He may be granted an annuity and permit 
the monthly payment of $40 to be applied to the balance due the fund under his 
application until the total sum of $720 has been paid. (Atty. Gen., Sept. 24, 1923.) 

3. A teacher may retire and thereafter be employed to teach in a private insti¬ 
tution without losing his or her right to the annuity. (Atty. Gen., Nov. 1, 1923.) 

4. An annuitant forfeits his or her right to annuity payments upon re-entering 
the teaching sex-vice, whether in this state or elsewhere. Such a teacher would have 
a right to the annuities again after he or she quits teaching and again retires from 
service. (Atty. Gen., Nov. 1, 1923.) 


339. Disability annuities 

Any member of the fund who shall have been a teacher for a period of, or 
periods aggregating ten years, embracing not less than eighty months of service, 
eight years of which service shall have been in the public schools of this state, 
shall be entitled, upon retiring from service in the public schools and proving to 
the satisfaction of the board of trustees that he or she has become incapacitated 
for service in the public schools, to receive a disability annuity of such part of 
four hundred and eighty dollars ($480.00) as the number of years of total 
service of such member is a part of thirty, while incapacitated for service but 
for a period not to exceed two years, and any member of the fund who shall 
have been a teacher for a period of, or periods aggregating, twenty years, em¬ 
bracing not less than one hundred and sixty months of service, twelve years of 
which service shall have been in the public schools of this state, shall be entitled, 
upon retiring from service in the public schools and proving to the satisfaction 
of the board of trustees that he or she has become incapacitated for service in 
the public schools, to receive a disability annuity of such part of four hundred 
and eighty dollars ($480.00) as the number of years of total service of such 
member is a part of thirty, so long as such member is incapacitated for service: 
Provided,, That no disability annuity shall become due until applicant has been 
incapacitated during three consecutive school months nor shall accrue until all 
sick benefits allowed by a district shall have ceased: And provided further, 
That no such disability annuity shall be paid until the expiration of one year 
from the date of the certificate of membership of any teacher. (L ’23, p 646 
sec. 18.) 

340. Annuities to be credited or paid in installments 

All retirement annuities shall be credited or paid in quarterly installments 
on the third Monday of October, January, April and July, for the quarters end¬ 
ing on the first day of said months and shall accrue from the first day of the 
quarter next following the date of retirement. All disability annuities shall be 
paid on the first day of the month next following the date of allowance for the 
amount accrued to that date, and thereafter in monthly installments on the 
first day of the month for the amount accruing for the previous month CL '23 
p. 647, sec. 19.) 

341. Deficiency—Payments to be pro-rata 

In case the funds available from the sources enumerated in this act and 
under the provisions shall at any time be insufficient to pay annuities and dis¬ 
ability annuities, then the board of trustees shall estimate the funds available 
and shall pro-rate all annuity and disability annuity payments and thereafter 
such payments shall be made pro-rata. Annuities granted under the provisions 
of this act shall not be subject to attachment, garnishment, or seizure by 




State of Washington 


131 


execution in the hands of the board of trustees or the state treasurer, and such 
annuities shall not be subject to sale, assignment, pledge, mortgage or other 
alienation. (L. ’23, p. 647, sec. 20.) 

342. Effect of discharge or re-employment 

Any member of the fund who shall be discharged from the employment of 
a district and fails to receive, or is refused further employment as teacher in 
the state before such member is entitled to a retirement annuity, shall be entitled 
to be paid back out of such fund, the amount such member has paid into such 
fund as membership dues, but without interest thereon, less such sum or sums as 
have been paid to such member as disability annuities. (L. ’23, p. 648, sec. 21.) 

Cross-references: Directors empowered to discharge teachers for sufficient cause, 
sec. 582, subd. 1 ;_in districts of the first class, sec. 661, subd. 5. 

343. Death of member—Payment to legal representatives 

In case of the death of any member before such member has been retired 
and granted a retirement annuity, the beneficiary or beneficiaries, designated 
upon a form provided for that purpose, signed by the member, witnessed by 
two witnesses and filed with the secretary of the board of trustees, or in case 
no beneficiary is designated, then the legatee or legatees, or heir or heirs, of the 
member, as the case may be, shall be entitled to be paid out of the fund a sum 
equal to one-half of the difference between the entire amount such deceased 
member has paid into the fund as membership dues, and the entire amount 
which has been paid to such deceased member as disability annuities. And in 
case of the death of any member after such member has been retired and 
granted a retirement annuity, such beneficiary or beneficiaries, legatee or lega¬ 
tees, heir or heirs, as the case may be, shall be entitled to be paid out of the 
fund a sum equal to one-half of the difference between the entire amount such 
deceased member has paid into the fund as membership dues, and the entire 
amount which has been paid to such deceased member as and for disability and 
retirement annuities. (L. ’23, p. 648, sec. 22.) 

344. Claims—Forms and hearing 

All original claims for retirement annuities, disability annuities, refunds to 
discharged members, and payments to beneficiaries, legatees or heirs of deceased 
members, shall be made in writing on forms to be furnished for that purpose, 
verified under oath by the claimant, and filed with the secretary of the fund, 
and shall be supported by such proof, by affidavit or otherwise, of the facts upon 
which the claim is based, as may be required by the rules and regulations 
adopted by the board of trustees. Upon the filing of any claim the secretary 
shall set the same down for hearing before the board of trustees at the next 
ensuing regular meeting of the board, or at a special meeting called for that 
purpose in case the board shall determine that an emergency exists, and notify 
the claimant of the date of the hearing, and shall, at such hearing, certify to 
the board the facts with reference to the years and months of service, of mem¬ 
bership dues paid by, and previous payments made to, the member upon whose 
record the claim is based, as shown by the records in the office of the secretary. 
(L. ’23, p. 648, sec. 23.) 

345. Claims—Allowance or rejection 

If at the hearing it shall appear to the board that the claim is based upon 
sufficient facts, but is not in proper form or the requisite proof is not offered, 
the hearing may be adjourned for such reasonable time as the board may de¬ 
termine. The final action of the board in allowing or rejecting any claim shall 
be by resolution of a majority of the members of the board and entered on the 
minutes, and in case the claim is allowed, the secretary at the expiration of ten 
days from the date of allowance, if no appeal is taken, shall draw the necessary 
warrant on the state treasurer payable out of the retirement fund, deliver the 
same to the claimant and take a receipt therefor, and enter the payment on the 
membership register. All subsequent payments of annuities shall be authorized 
by resolution of the board entered on the minutes after the proper vouchers 
signed and verified by the annuitant as may be required by the rules have been 
submitted to the board, and the secretary shall draw the necessary warrant 





132 


Code of Public Instruction 


therefor at the expiration, of five days from the date of authorization, if no 
appeal is taken, and deliver the same to the annuitant and shall on or before 
the fifth day of each month transmit certified copies of such warrant register 
from the preceding month to the state treasurer and the state auditor, respec¬ 
tively. (L. ’23, p. 649, sec. 24.) 

346. Appeals 

Any claimant feeling aggrieved by the action of the board in rejecting any 
claim, or any annuitant aggrieved by the action of the board in discontinuing 
the payment of any annuity, or any five members aggrieved by the action of the 
board in allowing any claim or continuing the payment of any annuity allow¬ 
ance, may, within ten days from the date of such action appeal therefrom to 
the superior court of Thurston county by filing with the secretary a notice of 
appeal in writing, signed by the appellants and giving a bond to the fund, with 
sufficient security to be approved by the secretary, in the sum of fifty dollars 
($50.00), conditioned to pay all costs which may be adjudged against the ap¬ 
pellants in the superior court, and in case the appeal is taken by members, a 
copy of the notice of appeal shall be served upon the claimant or annuitant as 
the case may be. Upon the taking of an appeal, the secretary shall certify to 
the clerk of the superior court all papers and documents filed in the matter of 
the claim, together with a transcript of the record of the action of the board 
thereon, the notice of appeal and the appeal bond, and the matter shall be set 
down for hearing de novo before the court without a jury and heard in the 
manner provided by law for setting and hearing appeals from justices of the 
peace, except as hereinabove provided. Appeals from the decisions of the 
superior court may be taken to the supreme court of this state in the manner 
provided by law for taking appeals in equity cases. (L. ’23, p. 650, sec. 25.) 

347. Partial invalidity of act—effect 

If any part of this act shall be adjudged to be invalid or unconstitutional, 
such adjudication of invalidity or unconstitutionality shall not affect the validity 
or constitutionality of the act as a whole, or of any part thereof not adjudged 
invalid or unconstitutional. (L. ’23, p. 651, sec. 26.) 

348. Transfers of local funds 

The members of any local teachers’ retirement fund organized under Chapter 
163, Session Laws of 1917 and amendments thereto [Code Pub. Ins., sec. 682 
et seq.], existing at the time of taking effect of this act, may by a majority vote 
transfer their membership to the state teachers’ retirement fund created by this 
act. Upon satisfactory proof of such action being made to the trustees and 
upon the turning over to the secretary of a certified copy of the membership 
record showing the names and addresses of all members in good standing, their 
teaching credits, amount contributed to the fund and amount received from 
the fund, the trustees shall cause a new certificate of membership to be issued 
to each of such members of the local fund. Such certificate shall contain a state¬ 
ment of the date of the member’s original certificate, also whether such member 
is an annuitant of the local fund at the time of the transfer of membership, 
also the total of teaching credits as shown by the membership record. All 
amounts paid by such member to the local fund or received from the same fund 
shall be credited, or debited, to such member in the state fund and all annuitants 
of the local fund at the time of the transfer shall continue as annuitants of the 
state fund under the terms of this act and annuities may be granted to trans¬ 
ferred members within a year after transfer if the total period of membership 
in the local and state funds shall be greater than one year: Provided, Before 
membership in the state fund shall become effective, all moneys and invest¬ 
ments belonging to such local fund shall be transferred to the state treasurer 
to be deposited with, and become a part of the state teachers’ retirement fund 
(L. ’23, p. 651, sec. 27.) 

349. Transfer of member to local fund 

Any member of the state fund who shall leave the employment of a district 
under the provisions of this act and enter the employment of a district in which 
a local retirement fund shall have been established under the provisions of 




133 


State of Washington 


chapter 163, Session Laws of 1917, and amendments thereto [Code Pub. Ins., 
sec. 682 et seq.], shall be entitled to have the amount such member has con¬ 
tributed to the state fund, but without interest thereon, transferred to, and 
shall be given credit therefor in the local fund of the district where employed, 
and shall be entitled to have not more than three years of service in the state 
fund credited as service in the local fund in case the member shall apply for an 
annuity from the fund of the local district under the provisions of chapter 163, 
Session Laws of 1917, and amendments thereto [Code Pub. Ins., sec. 682 et seq.]: 
Provided , That such transferred service shall not reduce the total amount of 
service required, or the amount of service required in this state. (L. '23, p. 
652, sec. 28.) 

350. Act not applicable to local funds 

This act shall not repeal chapter 163, Session Laws of 1917, nor amend¬ 
ments thereto [Code Pub. Ins., sec. 682 et seq.], in so far as 1 the same may be 
applicable to school districts of the first class, but said act and amendments 
thereto shall have full application to all such school districts and to the teachers 
employed therein unless transfer of membership shall have been made to the 
state teachers’ retirement fund as provided in section 348. (L. '23, p. 652, sec. 

29.) 


ARTICLE XIII—PUPILS—REGULATIONS 

351. Pupils shall comply with regulations. 

352. For injuring school property. 


351. Pupils shall comply with regulations 

All pupils who may attend the common schools shall comply with the regu¬ 
lations established in pursuance of the law for the government of the schools, 
shall pursue the required course of studies, and shall submit to the authority 
of the teachers of such schools. Continued and wilful disobedience or open 
defiance of authority of the teacher shall constitute good cause for expulsion 
from school. (L. '09, p. 263, sec. 6; R. C. S., sec. 4690; P. C., sec. 4893.) 

Cross-references: Expulsion from school grounds for commitment to state train¬ 
ing school, sec. 191 ; jurisdiction of teachers and power to suspend pupils, sec. 313; 
penalty for injury to school property, sec. 352 ; directors may suspend or expel, sec. 
582, subd. 6; duties and discipline of pupils, rules of the state board for pupils, 
appendix A ; powers and duties of teachers as to suspending pupils, rule 6, appendix A. 

1. Under this section and sec. 661, directors have power to enforce rulings for¬ 
bidding high school pupils to join secret fraternal societies upon pain of loss of all 
school privileges except class attendance, although meetings of the societies were held 
out of school hours under parental protection, where it is shown that such societies 
have a tendency to destroy good order, discipline and scholarship. Wayland v. 
Hughes, 43 Wash. 441. 

2. A complaint charging that a boy 17 years of age associates with disorderly 
boys and was disorderly at a public school during school hours sufficiently states facts 
constituting dependency as defined by the juvenile court act, sec. 379: State ex rel. 
Raddue v. Superior Court, 106 Wash. 619. 

3. Refusal to salute the flag constitutes proper ground for expulsion of a pupil. 
(Supt. Pub. Instr., Jan. 31, 1920.) 


352. For injuring school property 

Any pupil who shall cut, deface or otherwise injure any school house, 
furniture, fence or outbuilding thereof, or any book or books belonging to the 
district library, shall be liable to suspension and punishment, and the parent 
or guardian of such pupil shall be liable for damages, on complaint of the 
teacher or of any director or other person residing in the district; and when 
such damages shall have been collected they shall be turned over to the county 
treasurer and by him placed to the credit of the school district sustaining such 
damages. (L. '09, p. 361, sec. 14; R. C. S., sec. 5057; P. C., sec. 5203.) 




134 


Code of Public Instruction 


t 


m 


ARTICLE XIV—PUPILS—COMPULSORY ATTENDANCE LAW 

353. Age—attendance—excuses. 

354. Employment of children under fifteen years of age forbidden. 

355. Penalty. 

356. Attendance officers—their duties. 

357. May arrest without warrant. 

358. Census report. 

359. Concurrent jurisdiction. 

360. The county attorney shall prosecute. 

361. Notice by county superintendent. 

362. Penalty. 

363. Fines applied to support of schools. 

364. Officers not liable for costs. 

Cross-references: Compulsory attendance at state school for the blind and state 
school for the deaf, sec. 215 ; at the state custodial school, sec. 234 ; in districts main¬ 
taining part-time schools, sec. 273 et seq. ; at free government schools, sec. 369 et seq. 

353. Age-—Attendance—Excuses 

All parents, guardians, and other persons in this state having or who may 
hereafter have immediate custody of any child between eight and fifteen years 
of age (being between the eighth and fifteenth birthdays), or of any child be¬ 
tween fifteen and sixteen years of age (being between the fifteenth and sixteenth 
birthdays) not regularly and lawfully engaged in some useful and remunerative 
occupation, shall cause such child to attend the public school of the district, in 
which the child resides, for the full time when such school may be in session, or 
to attend a private school for the same time, unless the superintendent of the 
schools of the district in which the child resides, if there be such a superin¬ 
tendent, and in all other cases the county superintendents of common schools, 
shall have excused such child from such attendance because the child is physi¬ 
cally or mentally unable to attend school or has already attained a reasonable 
proficiency in the branches required by law to be taught in the first eight grades 
of the public schools of this state as provided by the course of study of such 
school, or for some other sufficient reason. Proof of absence from public schools 
or approved private school shall be prima facie evidence of a violation of this 
section. (L. ’09, p. 364, sec. 1; R. C. S., sec. 5072; P. C., sec. 5219.) 

Note: The maximum compulsory age limit in districts maintaining part-time 

schools is eighteen years. 

Cross-references: Compulsory attendance at state school for the blind and state 
school for the deaf, sec. 215; at the state custodial school, sec. 234 ; maximum age 
fixed at eighteen years in district in which part-time schools are maintained, sec. 274 ; 
high school graduation required for exemption, sec. 274 ; exemptions and excuses from 
compulsory attendance in such districts, sec. 279 ; compulsory attendance at free 
government schools, sec. 369. 

1. The statute requiring vaccination as a condition to attendance upon public 
schools in districts of the first class is not repealed by this section since the legislature 
has power to require compulsory vaccination as a condition to admission to school: 
State ex rel. McFadden v. Shorrock, 55 Wash. 209. The subdivision of sec. 661 re¬ 
lating to compulsory vaccination was repealed by Laws 1919, ch. 90. See subd. 
13 of that section as to present law on the subject. 

2. It is no defense to a prosecution for violating the school law requiring parents 
to cause their children of school age to attend the public school of the district or a 
private school, that the parent is experienced and qualified as a teacher and gave 
private instruction to his own children at his home ; such home instruction not being 
attendance at a private school within the meaning of the law, where he did not 
maintain a private school at his home as determined by the purpose, intent and 
character of the endeavor: Id. 

3. The term “private school’’ as used in this section means the same character 
of school as the public school, a regular, organized and existing institution making a 
business of instructing children of school age in the required studies and for the full 
time required by the laws of this state. The only difference between the two schools 
is the nature of the institution : Id. 

4. An information for violation of the law providing for compulsory attendance 
of children of school age in the public school of the district for the full term, or in a 
private school for the same term, is not defective in that it charges neglect to cause 
the children to attend the public school or an “approved” private school, where the 
gist of the offense was in the failure to attend any school, public or private, and the 
information clearly charges such offense: State v. Counort, 69 Wash. 361. 




State of Washington 


135 


5. The compulsory school law requires the attendance of children in public schools 
or private schools but does not provide that they must attend common schools or 
private schools and therefore does not tend to show that a model training school 
maintained by a normal school is either a common school or private school for purposes 
of apportionment of funds : State ex rel. School District No. 3 v. Preston , 79 Wash. 286. 

6. If the district does not maintain school in more than one building it could not 
have a superintendent, and the county superintendent would be the authority intended 
to excuse from attendance under this section. (Atty. Gen. Ops., 1905-06, p. 323.) 

7. Under sec. 377 a superior court judge upon proper hearing is authorized to 
issue permits for the employment of children of school age regardless of whether or 
not such children have been excused from school attendance by the superintendent of 
schools as provided for in sec. 353. (Atty. Gen. Ops., 1907-08, p. 261.) 

8. Private schools should be approved, and the county superintendent is the 
proper person to make the examination thereof. (Atty. Gen. Ops., 1909-10, p. 199.) 

9. Private schools must be taught in the English language, and parents or 
guardians of children of school age who attend private schools at which instruction 
is not given in the English language are amenable to the provisions of the compulsory 
school law, sec. 353. The county superintendent of schools is the proper authority to 
approve or disapprove a private school and the state board of education has no power 
in this matter. (Atty. Gen. Ops., 1919-20, p. 336.) 

10. Parents of children of school age living within a military reservation under 
the jurisdiction of the United States are not amenable to the provisions of the com¬ 
pulsory school law regardless of whether such parents are in the military service or 
not. (Atty. Gen. Ops., 1921-22, p. 154.) 

11. The law itself makes no exceptions for distances, the lack of ability of a 
child to walk to the schoolhouse or the lack of means of transportation. The county 
superintendent may excuse a child from attendance for the reasons specified in this 
section. (Atty. Gen. Ops., 1921-22, p. 168.) 

12. The compulsory school law does not contemplate that children may attend a 
church school for religious instruction during the regular school hours while regularly 
in attendance at the public schools of the district where such child resides. The 
statute recognizes, however, that adequate private or parochial schools may be main¬ 
tained to which parents may send their children for the required term. Such require¬ 
ment, however, means more than religious instruction. It means the same character 
of school as a public school, a regularly organized and existing institution making a 
business of instructing children of school age in the required studies and for the full 
term required by the laws of this state. (Atty. Gen. Ops., 1921-22, p. 196.) 

13. A union high school district upon deciding to admit pupils of the seventh 
and eighth grades becomes “the public school of the district” within the meaning of 
sec. 353 if a component district discontinues these grades. But if the component dis¬ 
trict does not discontinue these grades, a child in such component district cannot be 
compelled to attend any particular school and the union high school cannot be “the 
public school of the district in which the child resides” except when he is actually 
enrolled and in attendance. If, however, he is not so enrolled and in attendance at 
the union high school, the school of the component district becomes “the public school 
of the district in which the child resides.” (Atty. Gen. Ops., 1921-22, p. 381.) 

14. The compulsory school law applies to the inmates of a children’s home. 
(Atty. Gen., Jan. 31, 1916.) 

15. Indian allottees who have not yet received fee simple patents are not amen¬ 
able to the compulsory school law. Indians who are not allottees but simply reside 
upon lands which were within an Indian reservation prior to its extinguishment, are 
within the jurisdiction of the state and are liable under the compulsory school law if 
they have given up tribal relations and adopted the habits and customs of civilization. 
The compulsory attendance law may apply to Indians of the quarter and eighth blood 
who maintain relations with Indian tribes. The status of such persons seems to depend 
upon their habits, customs and association with Indian peoples. (Atty. Gen., April 
15, 1922.) 

16. There is no provision in the code of public instruction excusing children from 
attending school because the school is not supplied with drinking water. (Supt. Pub. 
Instr., Mar. 12, 1914.) 

17. The matter of excusing children from school for the purpose of taking music 
lessons falls within the jurisdiction of the city or county superintendent. (Supt. Pub. 
Instr., Apr. 3, 1914.) 

18. A child who is kept out of school by a parent should be reported for non- 
attendance. The mere fact that a parent says that the child is being instructed at 
home will not meet the requirements of the law. The county superintendent of schools 
should be notified so that he may investigate the case. (Supt. Pub. Instr., Apr. 7, 
1915.) 

19. The matter of compulsory attendance is not affected by the fact that a child 
happens to reside two miles or more from a school house. The statutory provision 
relative to transportation (sec. 582, subd. 11) has no relation to the provision dealing 
with compulsory attendance. (Supt. Pub. Instr., Mar. 28, 1916.) 

20. A child visiting in another district is still subject to the requirement to 
attend school in his resident district and it is the duty of those officers who have 
jurisdiction of the matter in his resident district to see that he is in school. (Supt. 
Pub. Instr., Feb. 26, 1917.) 

21. Before a child may be excused from the provisions of the compulsory attend¬ 
ance law because of attendance at a private school, the private school must be 
approved by the county superintendent. The county superintendent has power to adopt 
a standard for private schools, corresponding to the standard required for public 
schools as to course of study, physical education and fire drill regulations. (Supt. 
Pub. Instr., Feb. 17, 1921.) 




136 


Code of Public Instruction 


22. A county superintendent of schools does not have authority, even after notice 
to clerks of the districts concerned, to refuse to grant excuses from school attendance 
solely on the ground that applicants reside in districts which have failed to maintain 
not less than nine months of school. (Supt. Pub. Instr., Mar. 12, 1921.) 

354. Employment of children under fifteen years of age forbidden 

No child under the age of fifteen years shall be employed for any purpose 
by any corporation, person or association of persons in this state during the 
hours which the public schools of the district in which such child resides are 
in session, unless the said child shall present a certificate from a school superin¬ 
tendent as provided for in section 353, excusing the said child from attend¬ 
ance in the public schools and setting forth the reason for such excuse,, the 
residence and age of the child, and the time for which such excuse is given. 
Every owner, superintendent, or overseer of any establishment, corporation, 
company or person employing any such child shall keep such certificate on file 
so long as such child is employed by him, her or it. The form of said certificate 
shall be furnished by the superintendent of public instruction. Proof that any 
child under fifteen years of age is employed during any part of the period in 
which public schools of the district are in session, shall be deemed prima facie 
evidence of a violation of this section. (L. ’09, p. 365, sec. 2; R. C. S., sec. 5073; 
P. C., sec. 5220.) 

Cross-references: Employment permits in districts maintaining part-time schools, 
sec. 275 ; duties of employers in such districts, sec. 276 ; employers to permit attendance 
at part-time schools, sec. 281; child labor laws, secs. 375-378; issuance of employment 
permits by superior court judges, secs. 376, 377. 

1. The department of labor and industries would have the right, and it would be 
its duty, to have a warrant issued for the arrest of any employer violating the law 
with reference to the employment of children contrary to law. (Atty. Gen. Ops., 
1905-6, p. 323.) 

2. Truant officers and school superintendents, after children have returned to 
their homes on school days and on Saturdays during school months, have no authority 
to prohibit or interfere with the employment of children under fifteen years of age. 
(Atty. Gen. Ops., 1905-6, p. 329.) 

3. The parents’ statement of the age of children would ordinarily be entitled to 
great weight, but would not be conclusive. Any other competent authority or proof 
could be resorted to for purpose of determining the age of pupils. While the school 
census might be prima facie evidence of the child’s age when taken in accordance with 
the statute, it would not be conclusive. (Atty. Gen. Ops., 1905-6, p. 329.) 

4. The legal age at which minors may be employed in any store, shop, factory, 
or any inside employment not connected with farm or house work is, in the case of 
males 14 years or over, and in the case of females 16 years or over, unless said 
employment is authorized by an order of the judge of the superior court, and further, 
when the public schools are in session in the district where such minor resides, no 
minor under the age of fifteen years may be employed without a certificate from the 
superintendent of schools, excusing said minor from attendance at school. (Atty. 
Gen. Ops., 1913-14, p. 156.) 

5. The compulsory attendance law does not excuse a parent from sending his 
children to school because of distances, inability of children to walk to the schoolhouse 
or lack of means of the parent to furnish transportation. The county or district 
superintendent of schools may excuse a child from school attendance for physical or 
mental inability to attend or for some other sufficient reason. A father of children of 
school age who fails to send his children to school is guilty of violation of the statutes 
unless such children have been excused by the county or district superintendent of 
schools. (Atty. Gen., Sept. 19, 1917.) 

355. Penalty 

Any person violating any of the provisions of either of the two preceding 
sections shall be fined not more than twenty-five dollars. Attendance officers 
shall make complaint for violation of the provisions of this act, to a justice of 
the peace or to a judge of the superior court. (L. ’09, p. 365, sec. 3; R. C S., 
sec. 5074; P. C., sec. 5221.) 

Cross-reference: Penalty for violation of the compulsory school law in districts 
maintaining part-time schools, sec. 279. 

1. No authority is vested in the superior judge to adjudge a parent or guardian 
guilty of contempt for failure to comply with an order to place a child in school, since 
the only penalty the statute imposes is punishment by fine: State ex rel. Henry v. 
MacDonald , 25 Wash. 122. 

2. A section in the school law defining a misdemeanor and providing for its 
punishment is illegally embraced within an act entitled, “An act to establish a general 
and uniform system of public schools in the state of Washington.” State ex rel. Henry 
v. MacDonald, 25 Wash. 122. That act would have been unconstitutional had the title 
contained a reference to the misdemeanors therein created and made punishable since 
the foregoing case was rested on the doctrine that two distinct subjects were attempted 







State of Washington 


137 


to be introduced in one act, which not only were not, but could not be, included in the 
title: State v. Ames, 47 Wash. 328, at p. 331. 

3. A complaint for violation of the compulsory attendance law must charge the 
offense upon the particular day and such complaint should be made in the case of 
each child. (Atty. Gen., Mar. 17, 1918.) 


356. Attendance officers—Their duties 


To aid in the enforcement of this act, attendance officers shall be appointed 
and employed as follows: In incorporated city districts the board of directors 
shall annually appoint one or more attendance officers. Any attendance officer 
may be a sheriff, constable, a city marshal, or a regularly appointed policeman. 
In all other districts the county superintendent shall act as attendance officer, 
and he shall also have authority to appoint one or more assistant attendance 
officers to aid him in the performance of his duties as attendance officer. The 
compensation of attendance officer in such city districts shall be fixed and paid 
by the board appointing him. The attendance officer shall be vested with police 
powers, the authority to make arrests and serve all legal processes contemplated 
by this act, and shall have authority to enter all stores, mills, shops, or other 
places in which children may be employed, for the purpose of making such in¬ 
vestigations as may be necessary for the enforcement of this act. The attend¬ 
ance officer is authorized to take into custody the person of any child between 
eight and fifteen years of age, who may be a truant from school, and to conduct 
such child to his parents, for investigation and explanation, or to the school 
which he should properly attend. The attendance officer shall institute pro¬ 
ceedings against any officer, parents, guardian, person, company, or corporation 
violating any provisions of this act, and shall otherwise discharge the duties 
prescribed in this act, and shall perform such other services as the superin¬ 
tendent of schools or the board of directors may deem necessary. The attend¬ 
ance officer shall keep a record of his transactions, for the inspection and in¬ 
formation of the board of directors and the city and county superintendent, and 
shall make a detailed report to the superintendent of the city or of the county, 
as often as the same may be required. (L. ’09, p. 365, sec. 4; R. C. S., sec. 5075; 
P. C., sec. 5222.) 


Cross-reference: Duty of attendance officers to enforce compulsory attendance in 
districts maintaining part-time schools, sec. 285. 

1. A district which lies partly within and partly without an incorporated city 
may appoint an attendance officer. (Atty. Gen. Ops., 1907-8, p. 321.) 

2. There are no provisions of law which would disqualify the superintendent of 
schools of an incorporated city district from acting as an attendance officer of the 


district. (Atty. Gen. Ops., 1907-8, p. 321.) 

3. It would seem that the language, “Any attendance officer may be a sheriff, 
constable, a city marshal, or a regularly appointed policeman,” does not mean that 
the attendance officer must necessarily be a sheriff, constable or other officer named 
therein, but any of such officers may be appointed as an attendance officer in the dis¬ 
cretion of the board of directors in incorporated city districts. (Atty. Gen. Ops., 
1909-10, p. 187.) 

4. Under the provisions of this section, the jurisdiction of the county superin¬ 
tendent. or other attendance officer does not extend beyond the county, and if a child 
living in a part of one county included in a joint district does not attend school, it is 
the duty of the countv superintendent of that particular county, or the assistants 
appointed by the superintendent, to institute proceedings against persons violating the 
compulsory education law. (Atty. Gen. Ops., 1919-20, p. 22.) 

5. Assistant attendance officers in districts other than incorporated city districts 
are in effect deputies of the county superintendent for purposes of enforcement of the 
compulsory school law, and the question of whether they shall receive any compensa¬ 
tion and the amount of the compensation, if any, are matters which rest in the sound 
discretion of the countv commissioners. If compensation of an assistant attendance 
officer is allowed, it should be paid from the county current expense fund. (Atty. Gen., 
Oct 5 1914 ) 

6. ’ The head teacher, or principal, in school districts of the second class does not 

take the place of the county superintendent as attendance officer unless appointed by 
the county superintendent in accordance with the provision of this section. (Supt. 
Pub Oct 25 2921 ) 

7 In an action to enforce the compulsory attendance law in third class districts, 
the county superintendent of schools is the proper person to make the complaint. 
(Supt. Pub. Instr., Feb. 26, 193 6.) 


357, May arrest without warrant 

Any attendance officer, sheriff, deputy sheriff, marshal, policeman, or any 
other officer authorized to make arrests in the city or district, shall arrest with¬ 
out a warrant a child who, under the provisions of this act is lequired to 
attend school, such child then being a truant from instruction at the school 




138 


Code of Public Instruction 


which he or she is lawfully required to attend, shall forthwith deliver a child 
so arrested either to the custody of a person in parental relation to the child or 

to the teacher from whom the child is then a truant, or in case of habitual or 

incorrigible truants, shall bring him or her before a justice of the peace. The 

justice of the peace shall, if he be convinced that the child so arrested is an 

habitual truant or that the child is guilty of wilful and continued disobedience 
to the school rules and regulations or laws, or that the conduct of the child is 
pernicious and injurious to the school, bind the child over to the superior court 
with a view of his commitment to the state reform school or other school for 
incorrigibles. (L. ’09, p. 366, sec. 5; R. C. S., sec. 5076; P. C., sec. 5223.) 

Cross-references: Commitment to state training school, secs. 175, 191 .] commit- 
ment to state school for girls, sec. 199 ; commitment to training or industrial school 
under juvenile court law, sec. 286; commitment to parental or truant schools, sec. 626 . 


358. Census report 

It shall be the duty of the district clerk or secretary, at the beginning of 
each school year, to provide the teacher with a copy of the last census of school 
children taken in his school district: Provided, That if there be a principal or 
city superintendent in such district, the clerk or secretary shall make such 
census report to him, and it shall be the duty of every teacher to report to the 
proper truant officer, all cases of truancy or incorrigibility in his or her school, 
immediately after the offense or offenses shall have been committed: Provided 
further , That if there be a principal the report shall be made to him and by him 
transmitted to the truant officer: And provided further, That if there be a city 
superintendent, the principal shall transmit such report.to said city superin¬ 
tendent, who shall transmit such report to the proper truant officer of his dis¬ 
trict. (L. ’09, p. 367, sec. 6; R. C. S., sec. 5077; P. C., sec. 5224.) 

Cross-references: Clerks to take census, sec. 587, subd. 3 ; secretary to take census 
in districts of the first class, sec. 663. 

359. Concurrent jurisdiction 

In cases arising under this act all justices’ courts, municipal courts and 
superior courts in the state of Washington shall have concurrent jurisdiction. 
(L. ’09, p. 367, sec. 7; R. C. S., sec. 5078; P. C., sec. 5225.) 

360. The county attorney shall prosecute 

The county attorney shall act as attorney for the complainant in all court 
proceedings relating to the compulsory attendance of children as required by 
this act. (L. ’09, p. 367, sec. 8; R. C. S., sec. 5079; P. C., sec. 5226.) 

Cross-reference: Duties of prosecuting attorney with reference to school districts 
in general, secs. 589, 590. 

1. A complaint for violation of the law relating to compulsory attendance at 
schools must charge the offense upon a particular day. Such a complaint should be 
made in thfe case of each child. (Atty. Gen., Mar. 7, 1918.) 

361. Notice by county superintendent 

The county superintendent shall on or before the 15th day of August of 
each year, by printed circular or otherwise, call the attention of all school dis¬ 
trict officers to the provisions of this act, and to the penalties prescribed for the 
violation of its provisions, and he or she shall require the clerk of every school 
district to make a report annually hereafter, to him or her, verified by affidavit, 
stating whether or not the provisions of this act have been faithfully complied 
with in his district. Such report shall be made upon blanks to be furnished 
by the superintendent of public instruction, and shall be transmitted to the 
county superintendent at the time the district clerk is required to make his 
annual report to the county superintendent. Any district clerk who shall 
knowingly or wilfully make a false report relating to the enforcement of the 
provisions of this act or fail to report as herein provided shall be deemed guilty 
of a misdemeanor, and upon conviction in a court of competent jurisdiction 
shall be fined not less than twenty-five dollars nor more than one hundred 
dollars; and any district clerk who shall refuse or neglect to make the report 







State of Washington 


139 


required in this section, shall be personally liable to his district for any loss 
which it may sustain because of such neglect or refusal to report. (L. ’09, p. 367, 
sec. 9; R. C. S., sec. 5080; P. C., sec. 5227.) 

Note: The report required by this section is made on form No. 19. For list of 
forms see appendix D. 

Cross-reference: Regular annual report of the clerk to the county superintendent 
to be made on or before the fifteenth day of July, sec. 587, subd. 4 ; penalty for failure 
to make reports, in general, sec. 423. 

362. Penalty 

Any superintendent, teacher or attendance officer, who shall fail or refuse 
to perform the duties prescribed by this act shall be deemed guilty of a mis¬ 
demeanor and, upon conviction thereof, be fined not less than twenty nor more 
than one hundred dollars: Provided, That in case of a district officer, such fine 
shall be paid to the county treasurer and by him placed to the credit of the 
school district in which said officer resides, and in case of other officers such 
fine shall be paid to the county treasurer and by him placed to the credit of the 
general school fund of the county. (L. ’09, p. 368, sec. 10; R. C. S., sec. 5081; 
P. C., sec. 5228.) 

363. Fines applied to support of schools 

All fines except as otherwise provided in this act shall inure and be applied 
to the support of the public schools in the district where such offense was com¬ 
mitted. (L. ’09, p. 368, sec. 11; R. C. S., sec. 5082; P. C., sec. 5229.) 

364. Officers not liable for costs 

No officer performing any duty under any of the provisions of this act, or 
under the provisions of any rules that may be passed in pursuance hereof, shall 
in any wise become liable for any costs that may accrue in the performance of 
any duty prescribed by this act. (L. ’09, p. 368, sec. 12; R. C. S., sec. 5083; 
P. C., sec. 5230.) 


ARTICLE XV—PUPILS—STATE GRAMMAR SCHOOL EXAMINATIONS 

365. Questions—examinations. 

366. County superintendent may appoint assistant examiners. 

367. County board of education to grade manuscripts. 

368. County superintendent to report. 


365. Questions—Examinations 

It shall be the duty of the superintendent of public instruction at such 
times as he may deem it advisable, but not oftener than three times each year, 
to forward questions prepared by the state board of education for use in the 
examination of pupils having completed the grammar school course of study, 
to fix the date for such examination, and to grant certificates of promotion to 
pupils successfully passing such examination according to the standard pre¬ 
scribed by the state board of education; which said certificate shall entitle the 
holder thereof to entrance into any high school of the state without further 
examination: Provided, That such examination shall be optional in any school 
district in which standard supervision is maintained in accordance with rules 
and regulations of the state board of education: Provided further, That nothing 
in this act shall be construed as compelling boards of directors to admit non¬ 
resident pupils without tuition charge. (L. ’23, p. 276, sec. 1; R. C. S., sec. 
5089*; P. C., sec. 5247.*) 


Cross-references: State board to prepare uniform questions and answers and to 
prescribe rules and regulations, sec. 17, subds. 9 and 10; admission in high school 
districts of pupils who have completed the eighth grade course of study, sec. 258, 
attendance credit to be allowed for pupils excused from attendance at examination. 
He 318examinationsand promotions in districts of the first division to be based on 
minimum credits in each study, sec. 405 ; penalty for disclosing questions or assisting 

pupils to a ^®^ e o r 1 kolrd is S not required to receive a pupil back into the eighth grade for 
the purpose of allowing him to review the studies in which he has already been 
graduated. (Atty. Gen. Ops., 1903-4, p. 325.) 




140 


Code of Public Instruction 


2. The ministerial act of granting grammar school certificates or diplomas rests 
with the superintendent of public instruction and no other signature is required. A 
pupil who holds a diploma signed by proper authority is. prima facie at least, entitled 
to be admitted to high school although her teacher refused to sign the diploma upon 
presentation for his signature, claiming that she had not completed the work satis¬ 
factorily, and although she did not bring a statement from her teacher stating that 
her work bad been regularly and satisfactorily completed as required by the rules 
lawfully adopted for the conduct of such examination. (Atty. Gen. Ops., 1905-6, 
p. 167.) 

3. In the absence of any rule or regulation of the state board to the contrary, 
the principal of a high school may receive into the ninth grade conditionally, a pupil 
who has failed to pass the state eighth grade examination. (Atty. Gen. Ops., 1907-8, 
p. 191.) 

4. The principal of a high school may admit pupils from the grammar grades to 
the high school grades although they have not taken the state eighth grade examina¬ 
tion. (Atty. Gen. Ops., 1907-8, p. 191.) 

5. Directors may expend school funds for the rent of a hall in which to hold 
commencement exercises for the presentation of certificates provided for by this 
section, when the district has no suitable room or hall for such purposes. (Atty. Gen. 
Ops., 1913-14, p, 448.) 

6. A school superintendent who wilfully neglects to give the state grammar 
school examinations as required by law is guilty of a misdemeanor. (Atty. Gen. Ops., 
1921-22, p. 219.) 

7. Before the eighth grade certificates provided for in secs. 365 to 368. inclusive, 
can be issued to pupils who have completed the grammar school course of study, such 
pupils must have submitted to and successfully passed the examinations therein pro¬ 
vided for and the county superintendent of schools is required by law to conduct such 
examinations, but for that purpose may appoint assistant examiners. (Atty. Gen. Ops., 
1921-22. p. 219.) 

8. Funds of a school district of the second class may lawfully be expended for 
the rurpose of printing programs for eighth grade graduation exercises. (Atty. Gen., 
April 19, 1916.) 

9. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school, and tenth, eleventh and twelfth grades 
into a senior high school is inconsistent with numerous provisions of the school code. 
(Atty. Gen., Dec. 12, 1916.) 

10. Special examinations are not given in the eighth grade subjects. (Supt. Pub. 
Instr.. March 24, 1915.) 

11. High school authorities should give full faith and credit to an eighth grade 
certificate signed by the superintendent of public instruction unless it has been revoked 
by competent authority. (Supt. Pub. Instr.. Oct. 2. 1919.) 

12. A district is entitled to apportionment on the basis provided for high schools 
for the attendance of any pupil who is a bona fide high school student and carrying 
a full high school course, regardless of whether or not he or she has a state eighth 
grade diploma. (Supt. Pub. Instr.. Nov. 6. 1920.) 

13. The eighth grade certificate is not the only satisfactory evidence within the 

meaning of this section. If the pupil shows by examination or otherwise that he has 
completed the required course of study he should be counted as a high school punil in 
making up the apportionment of the high school district fund. (Supt. Pub Instr 
Mar. 4, 1922.) ’ 


366. County superintendent may appoint assistant examiners 

It shall be the duty of the county board of education to examine and grade 
the manuscripts of the pupils who take the examinations mentioned in sec. 
365. The county superintendent may appoint assistant examiners who shall 
conduct such examinations of pupils according to the rules and regulations of 
the state board of education, and within three days transmit the manuscripts 
to the county superintendent. Assistant examiners shall receive three dollars 
per day to be paid in the same manner as the regular board. (L ’09 n 369 
sec. 2; R. C. S., sec. 5090; P. C., sec. 5248.) ’ P ' 


367. County board of education to grade manuscripts 

It shail be the duty of the county board of education to meet at the county 
seat at the call of the county superintendent for the purpose of examining and 
grading the manuscripts of pupils taking such examinations under the direction 
of any assistant examiner or of the county superintendent. No questions shall 
be used in such examination except those prepared by the state board of educa¬ 
tion as provided in section 365: Provided, That the state board of education 
may prescribe a special course of reading to be done by pupils in the last year 
of the grammar school course, as a requisite to their receiving certificates of 
graduation. (L. ’09, p. 369, sec. 3; R. C. S„ sec. 5091; P. C., sec. 5249.) 

Cross-references: County board of education created, sec. 459 • compensation and 
duties of the county board of education, secs. 460, 461. compensation and 

1. Giades of eighty (80) per cent or over obtained in other win mt Uo 

Instr!^Dec! ^ ^ pUrp0Se of S rantin S eighth grade diplomas. (Supt. Pub. 



State of Washington 


141 


368. County superintendent to report 

It shall be the duty of the county superintendent to report to the superin¬ 
tendent of public instruction, within ten days after any meeting of the county 
board of education, the names of all pupils successfully passing any examination, 
as herein provided, together with their respective standings or grades in the 
several prescribed subjects and such other facts relating to said pupils or said 
examination as the superintendent of public instruction may require. (L. ’09, 
p. 369, sec. 4; R. C. S., sec. 5092; P. C., sec. 5250.) 

Cross-reference: Penalty for failure of county superintendent to make required 
reports, sec. 439. 


ARTICLE XVI—PUPILS—ATTENDANCE AT FREE GOVERNMENT 

SCHOOLS 

369. Compulsory attendance at free government schools. 

370. Demand for attendance. 

371. Failure of parents, etc., to comply. 

372. Penalty. 

373. Disposition of fines. 

369. Compulsory attendance at free government schools 

Whenever the government of the United States or the state of Washington 
shall erect, or cause to be erected and maintained, a school for general educa¬ 
tional purposes within the state of Washington, and the expense of the tuition, 
lodging, food and clothing of the pupils therein is borne by the United States 
or the state of Washington, it shall be compulsory on the part of every parent,, 
guardian or other person in the state of Washington having control of a child' 
or children between the ages of five and eighteen years, eligible to attend said : 
school, to send such child or children to said school for a period of nine months 
each year, or during school for a period of nine months each year, or during 
the annual term, unless such child or children is or are excused from such at¬ 
tendance by the principal or superintendent of said school, upon it being shown 
to the satisfaction of said principal or superintendent that the bodily or mental 
condition of such child or children has been and is such as to prevent his, her 
or their attendance at school, or application at study for the period required,, 
or that such child or children is or are taught in the public schools, private 
schools, or other schools, or at home in such branches as are usually taught in 
the public schools: Provided , That in case the government of the United States: 
or the state of Washington, does not make provision for the free transportat : oir 
of said child or children to and from their homes to said school, then he, she 
or they shall not be liable to the provisions of this act, unless they reside less 
than ten miles from said school. (L. ’03, p. 107, sec. 1; R. C. S., sec. 5084; P. C., 
sec. 5231.) 

Cross-reference: General compulsory attendance law, sec. 353 et seq. 

1. Parents of children of school age living within a military reservation under 
the jurisdiction of the United States are not amenable to the provisions of the com¬ 
pulsory school law regardless of whether such parents are in the military service or 
not. (Atty. Gen. Ops., 1921-22, p. 154.) 

370. Demand for attendance 

It shall be the duty of all principals or superintendents of the school or 
schools mentioned in this act, before attempting to enforce the provisions of 
this act hereinafter mentioned to serve, or cause to be served, a demand for 
the attendance of certain children, naming them, and also designating the 
school to which their attendance is required, upon the parent, guardian or 
other person having charge of said child or children as may be eligible to at¬ 
tend said school over which he has charge, and a copy of this act; and such 
parent, guardian or other person having charge of said child or children shall 
have ten days to either deliver said child or children at said school, or to the 
principal or superintendent thereof, or furnish satisfactory proof that the 
bodily or mental condition of said child or children does not admit of attend¬ 
ance. (L. ’03, p. 108, sec. 2; R. C. S., sec. 5085; P. C., sec. 5232.) 






142 


Code of Public Instruction 


371. Failure of parents, etc., to comply 

If at the expiration of ten days after such notice or demand the parents, 
guardian or other persons having charge of said child or children shall have 
failed or refused to comply with this act, the principal or superintendent shall 
cause a demand to be made upon such parent, guardian or other person for 
the amount of the penalty hereinafter provided; and if such parent, guardian, 
or person shall neglect or refuse to pay the same within five days after making 
said demand, the superintendent or principal shall commence proceedings in 
the name of the state for the recovery of the fine hereinafter provided before 
any court having jurisdiction: Provided, That nothing in this act shall apply 
to any child or children who is or are actually and necessarily compelled to 
labor for the support of such parent. (L. *03, p. 108, sec. 3; R. C. S., sec. 5086; 
P. C., sec. 5233.) 

372. Penalty 

Any parent, guardian or other person having control or charge of any child 
or children, failing, to comply with the provisions of this act shall be liable to 
a fine of not less than five dollars nor more than twenty-five dollars, for the 
first offense, nor less than ten dollars nor more than fifty dollars for the second 
and each subsequent offense, besides the cost of collection. (L. ’03, p. 108, sec. 
4; R. C. S., sec. 5087; P. C., sec. 5234.) 

Cross-reference: Crediting of penalties to the current school fund, sec. 762. 

373. Disposition of fines 

All fines collected under the provisions of this act shall be paid into the 
county treasury, the same to be placed to the credit of the general school fund. 
(L. ’03, p. 108, sec. 5; R. C. S., sec. 5088; P. C., sec. 5235.) 


ARTICLE XVII—PUPILS—CHILD WELFARE AND LABOR LAWS 

374. Admission of minors to immoral places—penalty. 

375. Employment of minors prohibited in certain cases. 

376. Employment of children. 

377. Child labor forbidden. 

378. Penalty. 

Cross-references: Work permits in districts maintaining part-time schools, sec. 
273; compulsory school attendance law, sec. 353 et seq.; juvenile court act, sec. 379 ct 
seq. ; parental or truant schools, sec. 670 et seq. 

374. Admission of minors to immoral places—penalty 

Every person who— 

(1) Shall admit to or allow to remain in any concert saloon, or in any 
place owned, kept, or managed by him where intoxicating liquors are sold, given 
away or disposed of—except a restaurant or dining-room, any person under the 
age of twenty-one years; or, 

(2) Shall admit to, or allow to remain in any dance house, public pool or 
billiard hall, or in any place of entertainment injurious to health or morals, 
owned, kept or managed by him, any person under the age of twenty-one years; 
or, 

(3) Shall suffer or permit any such person to play any game of skill or 
chance, in any such place, or in any place adjacent thereto, or to be or remain 
therein, or admit or allow to remain in any reputed house of prostitution or 
assignation, or in any place where opium or any preparation thereof, is smoked, 
or where any narcotic drug is used, any person under the age of twenty-one 
years; or, 

(4) Shall sell or give, or permit to be sold or given to any person under 
the age of twenty-one years any intoxicating liquor, cigar, cigarette, cigarette 
paper or wrapper, or tobacco in any form; or, 

(5) Shall sell, or give, or permit to be sold or given to any person under 
the age of eighteen years, any revolver, pistol, or toy pistol; 

Shall be guilty of a gross misdemeanor. 




State of W ashing ton 


143 


It shall be no defense to a prosecution for a violation of this section that 
the person acted, or was believed by the defendant to act, as agent or representa¬ 
tive of another. 

Any person between the ages of eighteen and twenty-one years who shall 
by affirmative misrepresentation of age, purchase, or shall have in his or her 
possession, any cigar, cigarette, cigarette paper or wrapper, or tobacco in any 
form, shall be guilty of a misdemeanor. (L. ’19, p. 42, sec. 1; R. C. S., sec. 2445- 
P. C., sec. 8831.) 

Cross-references: Penalty for causing or contributing to the dependency or de¬ 
linquency of a child, sec. 395 ; suspension or expulsion of pupils for use of tobacco on 
or about the school premises and for the carrying of deadly weapons, rule 2 for pupils, 

appendix A. 

1. A dance house is a place maintained for promiscuous and public dancing, the 
rule of admission to which is not based upon personal selection or invitation. A dance 
house as thus defined is within the prohibition of par. 2 of this section. The terms 
“dance house,” etc., are qualified by the phrase “place of entertainment injurious to 
health or morals.” (Atty. Gen., Oct. 31, 1917.) 

375. Employment of minors prohibited in certain cases 

Every person who shall employ, or cause to be employed, exhibit or have 
in his custody for exhibition or employment any minor actually or apparently 
under the age of eighteen years; and every parent, relative, guardian, employer 
or other person having the care, custody, or control of any such minor, who 
shall in any way procure or consent to the employment of such minor— 

(1) In begging, receiving alms, or in any mendicant occupation; or, 

(2) In any indecent or immoral exhibition or practice; or, 

(3) In any practice or exhibition dangerous or injurious to life, limb, 
health or morals; or, 

(4) As a messenger for delivering letters, telegrams, packages or bundles, 
to any known house of prostitution or assignation; 

Shall be guilty of a misdemeanor. (L. ’09, p. 947, sec. 194; R. C. S., sec. 
2446; P. C., sec. 8832.) 

Cross-reference: Age restrictions on employment of messengers, sec. 377. 

376. Employment of children 

Every person who shall employ, and every parent, guardian or other person 
having the care, custody or control of such child, who shall permit to be em¬ 
ployed, by another, any male child under the age of fourteen years or any female 
child under the age of sixteen years at any labor whatever, in or in connection 
with any store, shop, factory, mine or any inside employment not connected with 
farm or house work, without the written permit thereto of a judge of a superior 
court of the county wherein such child may live, shall be guilty of a misde¬ 
meanor. (L. ’09, p. 948, sec. 195; R. C. S., sec. 2447; P. C., sec. 8883.) 

Cross-references: Issuance of employment permits by school officers in districts - 
maintaining part-time schools, sec. 275 : issuance of certificates of employment under 
the general compulsory school attendance law, sec. 354. 

1. A girl under sixteen years of age employed in a factory without any permit in 
violation of sec. 376, is nevertheless a “workman” within the provisions of the indus¬ 
trial insurance act, withdrawing all civil remedies for personal injuries to workmen 
in extrahazardous employments; especially in view of R. C. S., sec. 7681, P. C., sec. 
3475, recognizing that a child less than the maximum age is a workman within the 
meaning of the act: Rasi v. Howard Manufacturing Co., 109 Wash. 524. 

2. Such child cannot recover in a tort action. The remedy under the compensa¬ 
tion act is exclusive : Id. 

3. Under sec. 376, applying only to minors under the age of fourteen years 
engaged in inside work, and R. C. S., secs. 7624. 7627 and 7636. being part of the 
minimum wage law, the employment of a seventeen-year-old boy to work on a hay 
baler is not unlawful so as to preclude the defense of contributory negligence: Fortier 
v. Robillard, 123 Wash. 599. 

4. The legal age at which minors may be employed in any store, shop, factory, 
or any inside employment not connected with farm or house work is in the case of 
males fourteen years or over, and in the case of females sixteen years or over, unless 
said employment is authorized by an order of the judge of the superior court, and 
further, when the public schools are in session in the district where such minor resides 
no minor under the age of fifteen years may be employed without a certificate from 
the superintendent of schools excusing said minor from attendance at school, under 
sec. 354. (Atty. Gen. Ops., 1913-14, p. 156.) 

5. The superior judge may give permits to work for children under twelve years 
of age. The superior court no longer possesses the authority to issue permits for the 
employment of minors in coal mines. (Atty. Gen., June 25, 1917.) 





144 


Code of Public Instruction 


377. Child labor forbidden 

No person under the age of nineteen years shall be employed as a public 
messenger by any person, telegraph company, telephone company, or messenger 
company in any city of the first class in this state, nor shall any child of either 
sex under the age of fourteen years be hired out to labor in any factory, mill, 
workshop or store at any time: Provided , That any superior court judge may 
issue a permit for the employment of any child between the ages of twelve and 
fourteen years at any occupation, not in his judgment, dangerous or injurious to 
the health or morals of such child, upon evidence satisfactory to him, that the 
labor of such child is necessary for its support or for the assistance of any 
parent: And , provided, further, That the judge of the juvenile court may issue 
permits for the employment of any male child over fourteen years of age, as 
messenger by telegraph, telephone and messenger companies subject to such 
limitations and conditions as may be imposed by said court. All permits herein 
provided for shall be issued for a definite time and shall be revocable at the 
discretion of the judge by whom issued. (L. ’07, p. 238, sec. 1; R. C. S., sec. 
7621; P. C., sec. 3443.) 

Cross-references: Issuance of employment permits by school officers in districts 
maintaining part-time schools, sec. 275 ; under the general compulsory attendance law, 
sec. 354 ; other restrictions upon employment of messengers, sec. 375. 

1. Laws 1903, p. 261 (superseded by this section), providing that children under 
fourteen years of age should not be “hired out” was intended to forbid their employ¬ 
ment, as well as hiring out by parents, and the prohibition extended to all connected 
with such employment and made it illegal so that in an action for injuries to a child 
so employed the employer could not raise the defense that the child represented him¬ 
self as being over fourteen: Kirkham v. Wheeler-Osgoocl Co., 39 Wash. 415. 

2. The employer of a child under the age of fourteen years assumes all risk of 
personal injuries in performance of the child’s duties prohibited by this section, 
regardless of contributory negligence, and in an action by the child it is no defense 
that his age was misrepresented by his father or that the employer did not knowingly 
violate the statute, but did exercise due care to ascertan the age of the child : Glucina 
v. Goss Brick Co., 63 Wash. 401. 

3. A boy under fourteen years of age who was drowned whlie floating logs at 
his father’s mill is not a workman within the meaning of the workmen’s compensation 
act and the father could not profit by his own wrong in employing the child in viola¬ 
tion of this section : Hillcstad v. Industrial Insurance Comm., 80 Wash. 426. 

4. A boy under fourteen years of age who was drowned in a creek about eighty 
rods from a shingle mill while engaged in driving shingle bolts to the mill, was 
“engaged in the mill” within the meaning of this section, since the creek was in a 
sense a part of the machinery of the mill just as much as a conveyor on an elevator 
would have been, and he was therefore employed in violation of this section, and his 
father who was also his employer cannot recover under the workmen’s compensation 
act: Id. 

5. Under sec. 377, a superior court judge upon proper hearing is authorized to 
issue permits for the employment of children of school age regardless of whether or 
not such children have been excused from school attendance by the superintendent of 
schools as provided for in sec. 353. (Atty. Gen. Ops., 1907-8. p. 261.) 

378. Penalty 

Any employer, or any overseer, superintendent, or agent of such person, 
telegraph company, telephone company or messenger company who shall violate 
any of the provisions of this act, shall, upon conviction thereof, be fined for 
each offense not less than ten dollars nor more than five hundred dollars, or be 
imprisoned in the county jail not to exceed six months, or by both such fine and 
imprisonment. (L. ’07, p. 238, sec. 2; R. C. S., sec. 7622; P. C., sec. 3444.) 


ARTICLE XVIII—PUPILS—JUVENILE COURT LAW 

379. Dependent and delinquent children. 

380. Juvenile court. 

381. Probation officers. 

382. Expenses of probation officers. 

383. Petition to court to take charge of child. 

384. Summons and notice of hearing. 

385. Publication of summons. 

386. Commitment—parent to support child. 

387. Award and adoption of children. 

388. Court proceedings may be private. 

389. Child not to be detained in jail. 



State of Washington 


145 


390. Justice court cases transferred to juvenile court. 

391. Dentention rooms required. 

392. Liberal construction of act. 

393. Court may change order. 

394. Fees not allowable. 

395. Penalty for contributing to delinquency of child. 

396. Board of visitation. 

Cross-references: State training school, sec. 171 et seq. ; state school for girls, 
sec. 194 et seq .; state custodial school, sec. 218 et seq.i parental or truant schools, 
sec. 670 et seq. 

871). Dependent and delinquent children 

This act shall be known as the “Juvenile Court Law” and shall apply to all 
minor children under the age of eighteen years who are delinquent or de¬ 
pendent; and to any person or persons who are responsible for or contribute to, 
the delinquency or dependency of such children. 

For the purpose of this act the words “dependent child” shall mean any 
child under the age of eighteen years: 

(1) Who is found begging, receiving or gathering alms, whether actually 
begging or under the pretext of selling, or offering anything for sale; or 

(2) Who is found in any street, road or public place for the purpose of 
so begging, gathering or receiving alms; or 

(3) Who is a vagrant; or 

(4) Who is found wandering and not having any home or any settled 
place of abode, or any proper guardianship, or any visible means of subsist¬ 
ence; or 

(5) Who has no parent or guardian; or who has no parent or guardian 
willing to exercise, or capable of exercising, proper parental control; or 

(6) Who is destitute; or 

(7) Whose home by reason of neglect, cruelty or depravity of its parents 
or either of them, or dn the part of its guardian, or on the part of the person 
in whose custody or care it may be, or for any other reason, is an unfit place 
for such child; or 

(8) Who frequents the company of reputed criminals, vagrants or prosti¬ 
tutes; or 

(9) Who is found living or being in any house of prostitution or assigna¬ 
tion; or 

(10) Who habitually visits any billiard room or pool room; or any saloon, 
or place where spirituous, vinous, or malt liquors are sold, bartered, or given 
away; or 

(11) Who persistently refuses to obey the reasonable and proper orders 
or directions of its parents or guardian; or 

(12) Who is incorrigible; that is, who is beyond the control and power 
of its parents, guardian, or custodian by reason of the vicious conduct or nature 
of said child; or 

(13) Whose father, mother, guardian or custodian is an habitual drunkard, 
or do not properly provide for such child, and it appears that such child is 
destitute of a suitable home or of adequate means of obtaining an honest living, 
or who is in danger of being brought up to lead an idle, dissolute or immoral 
life; or where such child is without proper means of support; or 

(14) Who is an habitual truant, as defined in the school laws of the state 
of Washington; or 

(15) Who uses intoxicating liquor as a beverage, or who uses tobacco in 
any form, or who uses opium, cocaine, morphine, or other similar drug, without 
the direction of a competent physician; or 

(16) Who from any cause is in danger of growing up to lead an idle, dis¬ 
solute or immoral life; or 

(17) Who wanders about in the night time without being on any lawful 
business or occupation; or 



146 


Code of Public Instruction 


(18) Any child under the age of twelve years found peddling or selling 
any article, or singing or playing on any musical instrument for gain upon 
the public street, or giving any public entertainment, or who accompanies, or 
is used in aid of, any person so doing: Provided, That this act shall not pro¬ 
hibit the giving of entertainments by regularly organized schools or societies 
where twelve or more musical instruments are used. 

The words “delinquent child” shall include any child under the age of 
eighteen years who violates any law of this state, or any ordinance of any 
town, city, county or city and county of this state defining crime; or who 
habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty 
of immoral conduct; or who is found in or about railroad yards or tracks; or 
who jumps on or off trains or cars; or who enters a car or engine, without 
lawful authority. 

For the purpose of this act only, all delinquent and dependent children 
within the state shall be considered wards of this state and their persons shall 
be subject to the custody, care, guardianship and control of the court as here¬ 
inafter provided. (L. ’13, p. 520, sec. 1; R. C. S., sec. 1987-1; P. C., sec. 593.) 

Cross-reference: Penalty for admission of minors to immoral places, selling or 
giving to minors intoxicating liquors or tobacco and for other offenses relative to 
minors, sec. 374. 

1. The juvenile court law, sec. 379, subd. 10, making it unlawful for children 

under eighteen years of age to visit habitually “any billiard room or pool room or 
any saloon, or place where spirituous * * * liquors are sold” applies to restau¬ 

rants where such liquors are sold, and it is immaterial that the delinquent child under 
the age of eighteen habitually visited such restaurant as a singer for hire ; as singing 
by juveniles in such places is no necessary part of the business: In re Lundy, 82 
Wash. 148. 

2. The juvenile court law, secs. 379 to 396, defining delinquent and dependent 
children under the age of eighteen years, makes the age, not minority, the controlling 
element and applies to a girl under eighteen years of age married to a man of full age, 
notwithstanding R. C. S., sec. 10549 ; P. C., sec. 581; declaring “all females married to 
a person of full age shall be deemed and taken to be of full age” : Id. 

3. The juvenile court has power to control a female child, adjudicated delinquent 
prior to the age of eighteen years, until she arrives at the age of twenty-one years: 
In re Gilder, 98 Wash. 514. 

4. A dependent child is not a criminal, but a delinquent child may be one who 
commits a crime and if so at the discretion of the juvenile court may, under the 
criminal law, be prosecuted and sentenced to any institution to which adults are 
sentenced ; but may not be confined in the same building with such adults: State ex 
rel. Sowders v. Superior Court, 105 Wash. 684. 

5. A complaint charging that a boy seventeen years of age associates with dis¬ 
orderly boys and was disorderly at a public school during school hours, sufficiently 
states facts constituting dependency as defined by sec. 379, especially In view of the 
liberal construction enjoined by sec. 392, and the provisions of sec. 388 for private 
hearings and the destruction of records in the interests of the child: State ex rel. 
Raddue v. Superior Court, 106 Wash. 619. 

6. The provision of the criminal code requiring dismissal of prosecutions if the 
accused is not brought to trial within sixty days applies only to criminal prosecutions 
and not to proceedings under par. 6 of this section, but where habeas corpus proceed¬ 
ings have been instituted after the expiration of sixty days the court may, in treating 
the petition as an application for change of custody, order trial upon the original 
complaint: In re Chartrand, 107 Wash. 560. 

380. Juvenile court 

The superior courts in the several counties of this state shall have original 
jurisdiction in all cases coming within the terms of this act. In all trials under 
this act, any person interested therein may demand a jury trial, or the judge 
of his own motion may order a jury to try the case. In counties containing 
thirty thousand or mor.e inhabitants, the judges of the superior court shall, at 
such times as they may determine, designate one or more of their number whose 
duty it shall be to hear all cases arising under this act. A special session to be 
designated as the “juvenile court session” shall be provided for the hearing of 
such cases and the findings of the court shall be entered in a book or books 
kept for the purpose, and known as the “juvenile record”, and the court may, 
for convenience, be called the “juvenile court”. In counties in which there is 
no resident judge of the superior court the court commissioner shall have the 
power, authority and jurisdiction, concurrent with the superior court and the 
judge thereof, to hear all matters relating to dependent and delinquent children 
arising under the juvenile court law, and if he shall find that the best interests 
of any such dependent or delinquent child will be subserved by committing him 
to the care of some reputable citizen of good moral character until such time 





State of Washington 


147 


as the judge may attend and hold court in the county he shall be authorized and 
empowered so to do; but if he shall find that the best interests of said child 
require that he be committed to a suitable institution or to some training school 
or industrial school as provided by law, or to the care of some association willing 
to receive him, embracing in its objects the purpose of caring for or obtaining 
homes for dependent, neglected or delinquent children, he shall refer the case 
to the judge of the superior court for hearing as soon as the same can be con¬ 
veniently heard. (L. ’21, p. 491, sec. 1.) 

Cross-references: Commitment to state training school, secs. 172 and 191; com¬ 
mitment to state school for girls, sec. 199 ; commitment to state custodial school, sec. 
222, subd. 6 ; commitment to parental school, sec. 674 ; commitment to suitable institu¬ 
tions by judges of the superior court, sec. 386. 

1. The superior court, sitting for the hearing of a writ of habeas corpus in behalf 
of a minor charged with being a delinquent child, has power to act as a court in 
juvenile matters and may treat the application as a motion for change of custody: 
State ex rel. De Bit v. Mackintosh, 98 Wash. 438. 

2. Where a child has been declared a dependent child and made a ward of the 
juvenile department of the superior court, subsequent adoption proceedings in the same 
court are sufficient notice to the juvenile department, the knowledge of the judge 
hearing the matter being at least notice of the hearing to the other department: 
In re Rising, 104 Wash. 581. 

3. Under sec. 380, providing for a jury trial of a dependent child if demanded, 
the jury is waived if no demand is made, where the child is represented at the hearing: 
State ex rel. Raddue v. Superior Court, 106 Wash. 619. 

381. Probation officers 

The court or judge designated as provided in section 382, shall appoint or 
designate one or more discreet persons of good character to serve as probation 
officers during the pleasure of the court, said probation officers to receive no 
compensation from the public treasury. In case a probation officer shall be 
appointed by any court, it shall be the duty of the clerk of the court, if prac¬ 
ticable, to notify the said probation officer in advance when the child is to be 
brought before said court; it shall be the duty of said probation officers to make 
such investigation as may be required by the court. The probation officer or 
officers shall inquire into the antecedents, character, family history, environ¬ 
ments and cause of dependency or delinquency of every alleged dependent or 
delinquent child brought before the juvenile court and shall make his report 
in writing to the judge thereof, shall be present in order to represent the in¬ 
terests of the child when the case is heard, shall furnish the court such informa¬ 
tion and assistance as the judge may require, and shall take such charge of the 
child before and after the trial as may be directed by the court. In counties 
containing twenty thousand or more inhabitants when it shall appear that there 
is a necessity for such county officer, the court may appoint one or more persons 
to act as probation officers, and one or more persons who shall have charge of 
detention rooms or house of detention, all of whom shall be paid as compensa¬ 
tion for their services, such sums as may be fixed by the board of county com¬ 
missioners, and who shall be paid as other county officers are paid; all proba¬ 
tion officers shall possess all the powers conferred upon sheriffs and police officers 
to serve process and make arrests for the violation of any state law or city 
ordinance, relative to the care, custody, and control of delinquent and dependent 
children. (L. ’21, p. 148, sec. 1; R. C. S., sec. 1987-3; P. C., sec. 595.) 

Cross-reference: Attendance officers under the compulsory school attendance law, 
sec. 356. 

3813. Expenses of probation officers 

The probation officers, and assistant probation officers, and deputy probation 
officers in all counties of the state shall be allowed such necessary incidental 
expenses as may be authorized by the judge of the juvenile court, and the same 
shall be a charge upon the county in which the court appointing them has 
jurisdiction, and the expenses shall be paid out of the county treasury upon a 
written order of the judge of the juvenile court of said county directing the 
county auditor to draw his warrant upon the county treasurer for the specified 
amount of such expenses. (L. *13, p. 523, sec. 4; R. C. S., sec. 1987-4; P. C., sec. 
596.) 



148 


Code of Public Instruction 


383. Petition to court to take charge of child 

Any person may file with the clerk of the superior court a petition showing 
that there is within the county, or residing within the county, a dependent or 
delinquent child and praying that the superior court deal with such child as 
provided in this act: Provided, That in counties having paid probation officers, 
such officers shall, as far as possible, first determine if such petition is reason¬ 
ably justifiable. Such petition shall be verified and shall .contain a statement 
of facts constituting such dependency or delinquency, as defined in section 381, 
and the names and residence, if known to the petitioner, of the parents, guardian, 
or custodian of such dependent or delinquent child. There shall be no fee for 
filing such petitions. (L. T3, p. 524, sec. 5; R. C. S., sec. 1987-5; P. C., sec. 597.) 

Cross-reference: All applications for admission of minors to state custodial 

school, except those committed by juvenile court, to be made through county superin¬ 
tendent of schools, sec. 229. 

1. The provision of the criminal code requiring dismissal of prosecutions if the 
accused is not brought to trial within sixty days applies only to criminal prosecutions 
and not to proceedings under the juvenile court law, but where habeas corpus proceed¬ 
ings have been instituted after the expiration of sixty days the court may, in treating 
the petition as an application for change of custody, order trial upon the original 
complaint: In re Chartrand, 107 Wash. 560. 

384. Summons and notice of hearing 

Upon the filing of an information, or the petition, the clerk of the court 
shall issue a summons requiring the person having custody or control of the 
child, or with whom the child may be, to appear with the child at a place and 
time stated in the summons, which time shall not be less than twenty-four 
hours after service. The parents of the child, if living, and their residence if 
known, or its legal guardian, if there be one or if there is neither parent nor 
guardian, or if his or her residence is not known, then some relative, if there 
be one, and his residence is known, shall be notified of the proceedings; and 
in any case the judge shall appoint some suitable person or association to act 
in behalf of the child. If the person summoned as herein provided shall fail 
without reasonable cause to appear and abide the order of the court, or bring 
the child, he shall be proceeded against as for contempt of court. In case the 
summons cannot be served or the parties served fail to obey same, and in any 
case when it shall be made to appear to the court that said summons will be 
ineffectual, a warrant may issue on the order of the court, either against the 
parent or guardian or the person having custody of the child, or with whom 
the child may be, or against the child itself. On return of the summons or 
other process, or as soon thereafter as may be, the court shall proceed to hear 
and dispose of the case in a summary manner. Pending the final disposition 
of the case, the child may be retained in the possession of the person having 
charge of same, or may be kept in some suitable place provided by the city or 
county authorities, or by any association having for one of its objects the care 
of delinquent and dependent children. (L. ’13, p. 524, sec. 6; R. C. S., sec. 1987-6; 
P. C., sec. 598.) 

1. The purpose of the juvenile delinquency act being protection and not punish¬ 
ment, an officer arresting and detaining a person thought to be a delinquent child, 
without any complaint being filed or summons issued therefor as required by the act, 
sec. 384, is not guilty of false imprisonment as a matter of law, in that the restraint 
was without due process of law; but whether the officer acted wrongfully to serve a 
purpose inconsistent with the purposes of the act would be a question for the jury 
under proper instructions: Weber v. Doust, 84 Wash. 330. 

2. An officer detaining a delinquent child without complying with the juvenile 
delinquency act is not liable for false imprisonment if he acts in good faith, in further¬ 
ance of the law and for the welfare of the child; but he acts at his peril if he abuses 
his authority, and is liable for false imprisonment if he does not act in good faith in 
furtherance of the law, or if he is actuated by ulterior purposes : Id. 

3. Detention of delinquent children, in the nature of parental restraint, is not 
imprisonment under a criminal statute, and no constitutional right is violated thereby: 
Id. 

4. The right of the state to exercise guardianship over a child does not depend 
upon statute : Id. 

5. A judgment finding the dependency of a child cannot be attacked on the mere 
conclusion that the child was not represented at the hearing, as required by sec. 384, 
where it appears that his mother was given due notice and "brought the child to court 
for the purpose, there being nothing to show she was not competent to represent him 
or that the probation officer was not present as required by law: State ex rel. Raddue 
v. Superior Court, 106 Wash. 619. 







149 


State of Washington 


6. After continuance of hearing has been granted upon appearance of counsel 
and for his convenience it is too late to seek a change of judges upon grounds of 
prejudice: Davis v. Superior Court , 114 Wash. 335. 

385. Publication of summons 

In any case where it shall appear by the petition or verified statement, that 
the person standing in the position of natural or legal guardian of the person 
of any child, is a non-resident of this state, or that the name or place of residence 
or whereabouts of such person is unknown, as well as in all cases where, after 
due diligence, the officer has been unable to make service of the summons or 
notice provided for in section 384, the court may, by order, direct the clerk of 
the court to publish a notice four consecutive weeks in some newspaper printed 
in the county and having a general circulation therein. Such notice shall be 
directed to the parent, parents, or other person claiming the right to the custody 
of the child, if their names are known, and if unknown, the phrase “To whom it 
may concern” shall be used and apply to, and be binding upon, any such persons 
whose names are unknown. The name of the court, the name of the child (or 
children if of one family), the date of the filing of the petition and the date of 
hearing, which shall not be less than twenty days from the date of the last 
publication, and the object of the proceeding in general terms, shall be set forth 
and the whole shall be subscribed by the clerk. There shall be filed with the 
clerk an affidavit showing due publication of the notice and the cost of publica¬ 
tion shall be paid by the county at not to exceed the rate paid by the county 
for other legal notices. The publication of notice shall be deemed equivalent to 
personal service upon all persons, known or unknown, who have been designated 
as provided in this section. (L. ’13, p. 525, sec. 7; R. C. S., sec. 1987-7; P. C., 
sec. 599.) 

1. There is no power to award costs against a county upon dismissal of pro¬ 
ceedings against a child charged with being delinquent and the mother of the child 
charged with contributing to such delinquency, in the absence of express statutory 
authority: Pierce County v. Magnuson, 70 Wash. 639. 

386. Commitment—parent to support child 

When any child under the age of eighteen years shall be found to be de¬ 
linquent or dependent, within the meaning of this act, the court may, at any 
time, make an order committing the child to some suitable institution, or to 
the care of some reputable citizen of good moral character, or to the care of 
some training school or industrial school as provided by law, or to the care 
of some association willing to receive it, embracing in its objects the purpose 
of caring for or obtaining .homes for dependent, neglected, or delinquent chil¬ 
dren: Provided, Such order may be temporary or permanent in the discretion 
of the court and may be revoked or modified as the circumstances of the case may 
thereafter require. In any case in which the court shall find the child dependent 
or delinquent, it may in the same or subsequent proceeding upon the parent or 
parents, guardian, or other person having custody of said child, being duly sum¬ 
moned or voluntarily appearing, proceed to inquire into the ability of such 
persons or person to support the child or contribute to its support, and if the 
court shall find such person or persons able to support the child or contribute 
thereto, the court may enter such order or decree as shall be according to equity 
in the premises, and may enforce the same by execution, or in any way in which 
a court of equity may enforce its decrees. If it be found, however, that the 
parent or parents or guardian of a dependent or delinquent child is unable to 
pay the whole expense of maintaining such child, and in cases where the child 
is committed to one of the institutions or associations above mentioned, the 
court may, in the order providing for the custody of such child, direct such 
additional amount as may be necessary to support such child to be paid from 
the county treasury of the county for the support of such person. The amount 
so ordered to be paid from the treasury of said county shall not exceed in the 
case of any one person, the sum of twelve dollars per month: Provided, further, 
That no order for the payment of all or part of the expense of support and 
maintenance of a dependent or delinquent child from the county treasury shall 
be effective for more than six months, unless a new order is secured at the 
expiration of that period. (L. ’13, p. 525, sec. 8; R. C. S., sec. 1987-8; P. C., sec. 
600.) 







150 


Code of Public Instruction 


Cross-references: Ten years fixed as minimum age for commitment to state school 
for girls, sec. 199 ; other requirements for admission, sec. 203 ; inmates of state school 
for girls may be employed for account of institution and deductions made from wages 
for board and keep, sec. 205 ; expenses of children committed to state custodial school 
when parents are indigent, secs. 235 and 236; provision of clothing for inmates of 
parental schools, sec. 677. 

1. A preliminary order for the temporary custody of an abandoned child until 
notice could be given the mother and a hearing had, under R. C. S., sec. 1701 ; P. C. f 
sec. 586 ; the statute contemplating an early hearing by giving such cases precedence, 
is no defense to habeas corpus by the mother to recover possession of her child, where 
no process was served on her as required by the statute and no further proceedings 
were had or final order made: State ex rel. Stitt v. Reynolds, 60 Wash. 12. 

2. A juvenile court may commit a delinquent child to custody of an institution in 
another county and retain exclusive jurisdiction over the child and habeas corpus may 
issue from such court upon inquiry into the legality of such custody: In re Chartrand, 
103 Wash. 36. 

3. A writing whereby the mother voluntarily gives up all claim to her infant 
child, then delivered to a foundling home, is sufficient consent to a subsequent adoption 
of the child, and obviates the necessity of notice to the mother under R. C. S., sec. 
1696; P. C., sec. 9813: In re Rising, 104 Wash. 581. 

4. Juvenile delinquents cannot be sentenced to the industrial home and clinic 
when no appropriation has been made for its support but must be committed as pro¬ 
vided by statutes as to the particular offense at the time of enactment of the industrial 
home and clinic law (Laws 1919, ch. 186, p. 570 et seq .) : In re Williamson, 116 Wash. 
560. 

5. Boys committed to the state training school under the provisions of this act 
may be committed until they reach majority. (Atty. Gen. Ops., 1905-6, p. 224.) 

6. The state training school can receive only boys between the ages of eight and 
sixteen years and any boy sentenced to the school is entitled to be discharged upon 
arriving at the age of eighteen years. (Atty. Gen. Ops., 1909-10, p. 166.) 

7. Sec. 191 relating to ages of commitment to the state training school is not 
repealed by the juvenile court law and male children to be eligible to commitment to 
the state training school must be of an age between eight and sixteen years. (Atty. 
Gen. Ops., 1913-14, p. 227.) 

8. A judge of the superior court has no power to modify or revoke an order com¬ 
mitting a girl to the state school for girls. (Atty. Gen. Ops., 1917-18, p. 273.) 

9. Children found to be dependent under the juvenile court law may not be legally 
committed to and held in the state school for girls or the Washington state training 
school, as the law authorizes the commitment to these insitutions of only those found 
to be delinquent under the juvenile delinquency law. (Atty. Gen., Oct. 22, 1921.) 


387. Award and adoption of children 


In any case where the court shall award a child to the care of any associa¬ 
tion or individual, the child shall, unless otherwise ordered, become a w’ard and 
be subject to the guardianship of the association or individual to whose care 
it is committed; such association shall have authority, with the assent of the 
court, to place such child in a family home, either temporarily or for adoption. 
With the written consent of the parents, or other person having the right, under 
the laws of this state, to dispose of a dependent or delinquent child, the court 
may make an order or decree of adoption transferring to any suitable person 
or persons, willing to receive such child, all the rights of the parent or other 
guardian. The order of the court made upon such consent will be binding upon 
the child and its parents or guardian, or other person, the same as if such person 
were in court and consented thereto, whether made a party to the proceedings 
or not. The estate or property rights of any child shall not be affected nor 
subject to guardianship by the provisions of this act. The jurisdiction of the 
court shall continue over every child brought before the court, or committed 
pursuant to this act, and the court shall have power to order a change in the 
care or custody of such child, if at any time it is made to appear to the court 
that it would be for the best interests of the child to make such change. (L T3 
p. 527, sec. 9; R. C. S., sec. 1987-9; P. C., sec. 601.) 


Cross-references: Order of court may be changed, modified or set aside, sec. 393. 

. rik Un * er the juvenile court act, sec. 387 and sec. 393, continuing the jurisdiction 
£ U1 ? £ Ver a de P enden t 'child, and authorizing a change of custody at anv time, 
a JY/y- ° f Jiab ^ a f cor Pus to obtain custody of a child committed as a dependent child 

^P^cat-ion for a change of eustody, and any judge to whom the 
;\ P n Cat, ? n is . n ?^ de ha , s . Jurisdiction to make an order changing the custody, pending 
rr^® f ^ earinff 7 application, the welfare of the child being the determining factor • 

State ex rel. De Bit v. Mackintosh. 98 Wash. 43S. ° * 

. .2- When the juvenile court has committed a delinquent child to the custodv of an 

th^^nneHnr^mfrt ° f f ^ COUnt 7 a . n(1 ¥- s retained exclusive jurisdiction over the child, 
fmTrtTrfwv court of the county in which the institution is located is not the proper 
S f application should be made for a writ of habeas corpus to inquire into 

su S h custody, but application should be made to the juvenile court which 
made the order of commitment: In re Chartrand, 103 Wash. 36. 






State of Washington 


151 


3. A writing whereby the mother voluntarily gives up all claim to her infant 
child, then delivered to a foundling home, is sufficient consent to a subsequent adoption 
of the child, and obviates the necessity of notice to the mother under R. C. S.. sec. 
1696 ; P. C., sec. 9813 : In re Rising, 104 Wash. 581. 

4. Where a child has been declared a dependent child and made a ward of the 
juvenile department of the superior court, subsequent adoption proceedings in the same 
court are sufficient notice to the juvenile department, the knowledge of the judge hear¬ 
ing the matter being at least notice of the hearing to the other department: Id. 

5. Where the superior court in one county has awarded temporary custody of a 
child to a society empowered to consent to adoption of the child as provided by the 
juvenile court act and subsequently the society entrusts the temporary custody of the 
child to persons in another county, the court of the latter county has jurisdiction to 
hear the petition of such persons for adoption of the child since the juvenile court of 
the former county intended and had power to release itself completely of jurisdiction 
over the child: McClain v. Superior Court, 112 Wash. 260. 

6. The superior court may enter an order directing the release of a boy committed 
by such court to the state training school under the provisions of the juvenile court 
law but may not order the release of a boy committed under secs. 178, 613, 190, or R. 
C. S., sec. 2276 ; P. C., sec. 8711. (Atty. Gen. Ops., 1917-18, p. 382.) 


388. Court proceedings may be private 


The hearings may be conducted in any room provided for the purpose in 
the court house, or building where sessions of the court are held and, as far 
as practicable, such cases shall not be heard in conjunction with other business 
of the court. At the hearing of any case involving a child, the court shall have 
power to exclude the general public from the room where the hearing is had, 
admitting thereto only such persons as may have a direct interest in the case. 
Any child may have a private hearing upon the question of its dependency or 
delinquency, and upon the request of said child, or either of its parents, or 
guardian, or custodian, such hearing may be had privately. An order of court 
adjudging a child dependent or delinquent under the provisions of this act shall 
in no case be deemed a conviction of crime. The probation officer’s investigation 
record and report in each case, shall be withheld from public inspection, but 
such records shall be kept open to the inspection of such child, its parents, or 
guardian, or its attorney, and to such other persons as may secure a special 
order of the court therefor. Such records shall be kept as unofficial records of 
the court and shall be destroyed at any time in the discretion of any judge 
presiding in said court on or before the child shall arrive at the age of twenty- 
one years. After acquiring jurisdiction over any child, the court shall have 
power to make an order with respect to the custody, care or control of such 
child, or any order, which in the judgment of the court, would promote the 
child’s health and welfare. In any case of a delinquent or dependent child, the 
court may continue the hearing from time to time, and may commit the child 
to the care or guardianship of a probation officer, duly appointed by the court, 
and may allow such child to remain at its own home subject to the visitation of 
the probation officer, such child to report to the probation officer as often as 
may be required and subject to being returned to the court for further proceed¬ 
ings whenever such action may appear to be necessary, or the court may commit 
the child to the care and guardianship of the probation officer, to be placed in a 
suitable family home, in case provision is made by voluntary contribution or 
otherwise for the payment of the board of the child until a suitable provision 
may be made for the child in a home without such payment, or the court may 
commit the child to a suitable institution for the care of delinquent or dependent 
children. In no case shall a child be committed beyond the age of twenty-one 
years. A child committed to such institution shall be subject to the control 
thereof and the said institution shall have the power to parole such child, on 
such conditions as may be prescribed, and the court shall have power to dis¬ 
charge such child from custody, whenever, in the judgment of the court, his or 
her reformation shall be complete; or the court may commit the child to the 
care and custody of some association that will receive such child, embracing in 
its objects the care of neglected, delinquent, and dependent children. (L. ’13, 
p. 527, sec. 10; R. C. S., sec. 1987-10; P. C., sec. 602.) 


Cross-references: Contents of warrant of commitment to state training school, 
sec. 176 ; court record upon commitment to state school for girls to be furnished to 
superintendent, sec. 200. 

1 The iuvenile court has power to control a female child, adjudicated delinquent 
prior to the age of eighteen years, until she arrives at the age of twenty-one years. 
In re Gilder, 98 Wash. 514. 





152 


Code of Public Instruction 


2. A complaint charging that a boy seventeen years of age associates with dis¬ 
orderly boys and was disorderly at a public school during school hours, sufficiently 
states facts constituting dependency as defined by sec. 37'J, especially in view of the 
liberal construction enjoined by sec. 3112, and the provisions of sec. 388, for private 
hearings and the destruction of records in the interests of the child : State ex rel. ltad- 
due v. Superior Court, 106 Wash. 619. 

3. Where the superior court in one county has awarded temporary custody of a 
child to a society empowered to consent to adoption of the child as provided by the 
juvenile court act and subsequently the society entrusts the temporary custody of the 
child to persons in another county, the court of the latter county has jurisdiction to 
hear the petition of such persons for adoption of the child since the juvenile court of 
the former county intended and had power to release itself completely of jurisdiction 
over the child: McClain v. Superior Court , 112 Wash. 260. 

4. Prior to enactment of the juvenile court law it was held that a child convicted 
of crime and committed to a reform school had a right to be admitted to bail pending 
appeal to the supreme court, which had jurisdiction of a writ of habeas corpus to 
admit him to bail: Packenham v. Reed, 37 Wash. 258, but see the holding in State 
cx rel. Grey v. Webster, 122 Wash. 526, note 5, this section. 

5. There is no right of appeal on behalf of a minor from an order of the juvenile 
court adjudging him delinquent and committing him to the state training school since 
the juvenile court act makes no provision for appeal and hence there is no right to 
bail: State ex rel. Grey v. Webster, 122 Wash. 526. 

389. Child not to be detained in .jail 

No court or magistrate shall commit a child under sixteen years of age to 
a jail, common lock-up, or police station; but if such child is unable to give 
bail, it may be committed to the care of the sheriff, police officer, or probation 
officer, who shall keep such child in some suitable place or house or school of 
detention provided by the city or county, outside the enclosure of any jail or 
police station, or in the care of any association willing to receive it and having 
as one of its objects the care of delinquent, dependent or neglected children. 
When any child shall be sentenced to confinement in any institution to which 
adult convicts are sentenced, it shall be unlawful to confine such child in the 
same building with such adult convicts, or to bring such child into any yard or 
building in which such adult convicts may be present. (L. ’13, p. 529, sec. 11; 
R. C. S., sec. 1987-11; P. C., sec. 603.) 

1. A minor husband convicted for nonsupport should be confined apart from 
adult convicts: State v. McPherson, 72 Wash. 371. 

2. A husband under twenty-one years of age may be punished under the provision 
of the criminal code making it an offense for a husband to desert or refuse wilfully to 
support his wife since he need not be tried exclusively as a delinquent child but may 
at the discretion of the court be tried under the criminal code: Id. 

3. The word “commit” in the first part of this section refers to commitment by 
detention during investigation or correction by the juvenile court and not to sentence 
after trial under the criminal law, while the last part of the section refers to such 
sentence ; and a child having been at the discretion of the juvenile court tried under 
the criminal law may be committed to the penitentiary but not confined in a building 
with adult convicts or permitted in any yard where they may be present, and the fact 
that the state has made no provision for caring for delinquent children at the peni¬ 
tentiary cannot be considered by the court: State v. Sowders, 109 Wash. 10; State 
ex rel. Sowders v. Superior Court, 105 Wash. 684. 

4. A dependent child is not a criminal, but a delinquent child may be one who 
commits a crime and if so at the discretion of the juvenile court may, under the criminal 
law, be prosecuted and sentenced to any institution to which adults are sentenced ; but 
may not be confined in the same building with such adults: State ex rel. Mead v. 
Superior Court, 108 Wash. 636. 

5. The matron of the county detention ward, if she acts in good faith, and for 
the best interests and protection of a child suspected of being a delinquent or dependent 
child under the juvenile court act, can lawfully hold such child a reasonable time, 
without an order of arrest, pending an investigation and the issuance of such an order 
(Atty. Gen., Feb. 14, 1919.) 

390. Justice court, cases transferred to juvenile court 

When, in any county where a court is held as provided in section 382, a 
child under the age of eighteen years is arrested with or without warrant, such 
child may, instead of being taken before a justice of the peace or police magis¬ 
trate, be taken directly before such court; or if the child is taken before a justice 
of the peace or police magistrate, it shall be the duty of such justice of the 
peace or police magistrate to transfer the case to such court, and the officer 
having the child in charge shall take the child before that court, and in any 
such case, the court may proceed to hear and dispose of the case in the same 
manner as if the child had been brought before the court upon petition as 
hereinbefore provided. In any such case, the court shall require notice to be 
given and investigation to be made as in other cases under this act, and mav 





State of W ashing ton 


153 


adjourn the hearing from time to time for such purpose. If, upon investigation, 
it shall appear that a child has been arrested upon the charge of having com¬ 
mitted a crime, the court, in its discretion, may order such child to be turned 
over to the proper officers for trial under the provisions of the criminal code. 
(L. ’13, p. 529, sec. 12; R. C. S., sec. 1987-12; P. C., sec. 604.) 

Cross-reference: Proceedings under state training school act after conviction be¬ 
fore justice of the peace, sec. 173. 

1. A boy between the ages of eight and sixteen years, convicted before a justice 
of the peace of disturbing a public school, who fails to appeal from said judgment to 
the superior court, is not entitled to a rehearing on said charge or a trial by jury upon 
the certification of the proceedings to the superior court for the purpose of determining 
whether he should be sent to the reform school: State v. Packenham, 40 Wash. 403. 

2. Delinquent and dependent children should be taken directly before the superior 
court as soon as convenient or as soon as their cases have been investigated and the 
proper course to pursue can be decided upon. This section does not require such 
children to be taken before a justice of the peace or police magistrate, but does require 
a justice of the peace to transfer immediately to the superior court any case arising 
before him as soon as it appears that the defendant is a child under the age of eighteen 
years. There could be no reason or necessity for holding a child who is obviously a 
dependent or delinquent child for a hearing before a police court or justice of the peace. 
(Atty. Gen., Feb. 14, 1919.) 

391. Detention rooms required 

Counties containing more than fifty thousand inhabitants shall, and counties 
containing a lesser number of inhabitants may, provide and maintain at public 
expense, a detention room or house of detention, separated or removed from 
any jail, or police station, to be in charge of a matron, or other person of good 
character, wherein all children within the provisions of this act shall, when 
necessary, be sheltered. (L. ’13, p. 530, sec. 13; R. C. S., sec. 1987-13; P. C., sec. 

605. ) 

1. L. '09, ch. 138 (R. C. S., sec. 11229; P. C., sec. 7024), requiring counties 
to make annual estimates of public expenses as a basis for tax levies, is a revenue and 
taxation statute and has no application to the requisites or validity of a contract for 
the erection of a detention home, pursuant to sec. 391, which the county has power to 
contract for under R. C. S., sec. 3982; P. C., secs. 1468 and 1664: Hughes v. McVay, 
113 Wash. 333. 

2. The erection of a children’s detention home, required by statute to be provided 
by a county, will not be enjoined as a nuisance, detrimental to residential property in 
the neighborhood, in view of R. C. S., sec. 9960 ; P. C., sec. 6614, providing that nothing 
done under express authority of a statute can be deemed a nuisance, where the, com¬ 
plaint is wholly lacking in any proper allegation of abuse of discretion or any purpose 
to do other than the law requires : Id. 

392. Liberal construction of act 

This act shall be liberally construed to the end that its purpose may be 
carried out, to-wit: that the care, custody and discipline of a dependent or 
delinquent child as defined in this act shall approximate as nearly as may be 
that which should be given by its parents, and in all cases where it can be 
properly done, the dependent or delinquent child as defined in this act shall 
be placed in an approved family and may become a member of the family, by 
adoption or otherwise. No dependent or delinquent child as defined in this 
act shall be taken from the custody of its parent, parents or legal guardian, 
without the consent of such parent, parents or guardian, unless the court shall 
find such parent, parents or guardian is incapable or has failed or neglected 
to provide proper maintenance, training and education for said child; or unless 
said child has been tried on probation in said custody, and has failed to reform, 
or unless the court shall find that the welfare of said child requires that his 
custody shall be taken from said parent or guardian. In this act, the words 
used in any gender shall include all other genders, and the word “county” shall 
include “city and county,” the plural shall include the singular and the singular 
shall include the plural. (L. T3, p. 530, sec. 14; R. C. S., sec. 1987-14; P. C., sec. 

606. ) 

1 The juvenile court law, secs. 379 to 396. is not punitive in its nature or purpose, 
but protective, and while strictly construed as to restraint it is to be liberally con¬ 
strued to effectuate its beneficent purpose: In re Lundy, 82 Wash. 148. 

2. A complaint charging that a boy seventeen years of age associates with dis- 
orderly boys and was disorderly at a public school during school hours, sufficiently 
states facts constituting dependency as defined by sec. 379, especially in view of the 
liberal construction enjoined by sec. 392, and the provisions of sec. 388, for private 
hearings and the destruction of records in the interests of the child: State ex rel. 
Raddue v. Superior Court, 106 Wash. 619. 





154 


Code of Public Instruction 


3. Either a city or county is authorized to provide a house or room of detention 
for delinquent or dependent children under the juvenile court act. Where the county 
has provided a detention house a child taken into custody by the city police department 
and suspected of being a delinquent or dependent child may be held a reasonable time 
at the expense of the county pending an investigation and issuance of an order of 
arrest. (Atty. Gen., Feb. 14, 1919.) 

393. Court may change order 

Any order made by the court in the case of a dependent or delinquent child 
may at any time be changed, modified or set aside, as to the judge may seem 
meet and proper. (L. ’13, p. 530, sec. 15; R„ C. S., sec. 1987-15; P. C., sec. 607.) 

Cross-reference: Court may order change in care or custody of child, sec. 387. 

1. Under the juvenile court act, sec. 387 and sec. 393, continuing the jurisdiction 
of the court over a dependent child, and authorizing a change of custody at any time, 
a writ of habeas corpus to obtain custody of a child committed as a dependent child 
may be regarded as an application for a change of custody, and any judge to whom 
the application is made has jurisdiction to make an order changing the custody, pend¬ 
ing the hearing of the application, the welfare of the child being the determining factor: 
State ex rel. De Bit v. Mackintosh, 98 Wash. 438. 

2. A conditional order for the custody of a delinquent child, reserving control of 
the child in the court for one year, may be modified upon reasonable notice within the 
year, without the necessity of summons or notice required by statutes relative to the 
modification of judgments: State ex rel. De Bit v. Superior Court, 103 Wash. 183. 

3. The superior court, sitting for the hearing of a writ of habeas corpus in behalf 
of a minor charged to be a delinquent child, has power to act as a court in juvenile 
matters and may treat the application as a motion for a change of custody: In re 
Chartranrl, 107 Wash. 560. 

4. The juvenile court law, sec. 379 et seq., having given the court power to modify 
or set aside an order for the custody of a child without providing the manner of its 
exercise or defining the person entitled to institute the proceedings, it is discretionary 
for the court to inquire into the interest of a party seeking the relief before directing 
process, which does not issue as a matter of right: State ex rel. Mead v. Superior 
Court, 108 Wash. 636. 

5. Since process to revoke an order for the custody of a child is not a matter of 
right, one who invokes the discretion of the court by filing an application for a modifica¬ 
tion cannot, after its exercise, ask a change of judges on account of prejudice, since 
it is not timely, under R. C. S., secs. 209-1. 209-2 ; P. C., secs. 8546-8547, requiring an 
application for the change to be made on the party’s first appearance: Id. 

6. Where the superior court in one county has awarded temporary custody of a 
child to a society empowered to consent to adoption of the child as provided by the 
juvenile court act and subsequently the society entrusts the temporary custody of the 
child to persons in another county, the court of the latter county has jurisdiction to 
hear the petition of such persons for adoption of the child since the juvenile court of 
the former county intended and had power to release itself completely of jurisdiction 
over the child: McClain v. Superior Court, 112 Wash. 260. 

7. A judge of the superior court sitting as a judge of the juvenile court, who had 
not tried the divorce action in which custody of the child was awarded to a parent, 
would have no power to modify the order for its custody upon the report of the juvenile 
officer, there being no showing that the child was dependent or delinquent under the 
provisions of sec. 379 et seq., known as the juvenile act: Johnston v. Johnston, 116 
Wash. 322. 

8. The superior court may enter an order directing the release of a boy com¬ 
mitted by such court to the state training school under the provisions of the juvenile 
court law, but may not order the release of a bov committed under sec. 171, 172, 191, 
or R. C. S., sec. 2276; P. C., sec. 8711. (Atty. Gen. Ops., 1917-18, p. 382.) 

394. Fees not allowable 

No fees shall be charged or collected by any officer or other person for filing 
petition, serving summons, or other process under this act. (L. ’13, p. 531, sec. 
16; R. C. S., sec. 1987-16; P. C., sec. 608.) 

395. Penalty for contributing to delinquency of child 

In all cases where any child shall be dependent or delinquent under the 
terms of this act, the parent or parents, legal guardian or person having custody 
of such child, or any other person who shall by any act or omission, encourage, 
cause or contribute to the dependency or delinquency of such child shall be guilty 
of a misdemeanor, and upon conviction thereof, shall be punished by fine not ex¬ 
ceeding one thousand dollars, or imprisonment in the county jail for not more 
than one year, or bv both such fine and imprisonment, and the juvenile court 
shall have jurisdiction of all such misdemeanors: Provided, however, That the 
court may suspend sentence for a violation of the provisions of this section and 
impose conditions as to conduct in the premises of any person so convicted, and 
make such suspension to depend upon the fulfillment by such person of such 
conditions, and, in case of the breach of such conditions, or any thereof, the 
court may impose sentence as though there had been no such suspension. The 





State of Washing ton 


155 


court may also, as a condition of such suspension, require a bond in such sum 
as the court may designate, to be approved by the judge requiring same, to 
secure the performance by such persons on the conditions imposed by the court 
on such suspension. Such bond shall, by its terms, be made payable to the state 
of Washington, and any moneys received for a breach thereof shall be paid into 
the county treasury. (L». ’13, p. 531, sec. 17; R. C. S., sec. 1987-17; P. C., sec. 
609.) 

Cross-reference: Penalties for offenses with reference to minors, sec. 374. 

1. A prosecution for contributing to the delinquency of a minor under Rem. & Bal. 
Code, sec. 2004 (superseded by this section), is properly tried in the criminal and not 
the juvenile department of the superior court, where there is nothing to indicate that 
the accused was a juvenile: State v. Williams, 73 Wash. 678. 

2. In a prosecution for causing or contributing to the dependency or deliquency 
of a minor, it is not necessary to allege the child’s dependency or delinquency prior to 
the commission of defendant’s acts causing delinquency or that the act charged con¬ 
tributed to a pre-existing state or condition of delinquency: State v. Adams, 95 Wash. 
189. 

3. The change of venue statute is applicable to a dependency proceeding against 
the custodian of a child under the juvenile court act: State ex rel. Davis v. Superior 
Court, 114 Wash. 335. 

396. Board of visitation 

In each county, the judge presiding over the juvenile court sessions, as 
defined in this act, may appoint a board of four reputable citizens, who shall 
serve without compensation, to constitute a board of visitation, whose duty it 
shall be to visit as often as twice a year all institutions, societies and associa¬ 
tions within the county receiving children under this act, as well as all homes 
for children or other places where individuals are holding themselves out as 
caretakers of children, also to visit other institutions, societies and associations 
within the state receiving and caring for children, whenever requested to do so 
by the judge of the juvenile court: Provided, The actual expenses of such board 
may be paid by the county commissioners when members thereof are requested 
to visit institutions outside of the county seat, and no member of the board 
shall be required to visit any institution outside the county unless his actual 
traveling expenses shall be paid as aforesaid. Such visits shall be made by not 
less than two members of the board, who shall go together or make a joint 
report. The board of visitors shall report to the court from time to time the 
condition of children received by or in charge of such institutions, societies, 
associations, or individuals. It shall be the duty of every institution, society, or 
association, or individual receiving and caring for children to permit any mem¬ 
ber or members of the board of visitation to visit and inspect such institution, 
society, association or home where such child is kept, in all its departments, so 
that a full report may be made to the court. (L. ’13, p. 531, sec. 18; R. C. S., 
sec. 1987-18; P. C., sec. 610.) 


ARTICLE XIX—HOLIDAYS AND SPECIAL OBSERVANCES 

397. Temperance and good citizenship day. 

398. Program. 

399. Victory and admission day. 

400. Observance. 

401. State and county superintendent to aid. 

Cross-reference: Regular school holidays prescribed, sec. 321. 

397. Temperance and Good Citizenship Day 

The sixteenth day of January of each year, or the school day nearest thereto 
if such day shall fall upon a non-school day, shall be observed in all public schools 
of the state and shall be known as “Temperance and Good Citizenship Day.” 
(L. ’23, p. 263, sec. 1.) 

398. Program 

The state superintendent of public instruction shall have prepared and 
published in due time in one or more educational journals or publications of 
general circulation among the teachers of the state, a suitable program to be 





156 


Code of Public Instruction 


used on “Temperance and Good Citizenship Day” presenting the advantages of 
temperance to the individual and to the nation, the biographies of great leaders 
in temperance and good citizenship, the effect of alcoholic and narcotic poisons 
and drugs upon the human system, and the necessity for, the duty of obedience 
to, and respect for the laws of our state and nation on the part of all citizens. 
The superintendent of public instruction may from year to year designate im¬ 
portant laws for special observance. (L. ’23, p. 236, sec. 2.) 

Cross-references: Special reference to be made in the teaching of physiology and 
hygiene to the effect of alcoholic stimulants and narcotics on the human system, sec. 
247 ; pupils to be instructed in the principles of patriotism and free government, sec. 316. 

399. Victory and Admission Day 

The 11th day of November each year, or the Friday preceding when such 
11th of November falls upon a non-school day, shall be suitably observed 
in all of the common and high schools of the state and shall be known as “Victory 
and Admission Day.” (L. ’21, p. 171, sec. 1; R. C. S., sec. 4899*; P. C., sec. 
2706-1.*) 

1. The board of directors of a school district has no authority to dismiss school 
for the whole day on November 11th since it is mandatory on the part of all common 
and high schools of the state to observe Victory and Admission Day in the manner 
herein provided. (Atty. Gen., Dec. 2, 1921.) 

400. Observance 

For the proper observance of this day, it shall be the duty of each teacher 
in the public schools of this state, or principal in charge of the school building, 
to prepare and, in cooperation with the pupils in his charge, present a program 
of exercises of at least sixty minutes in length, setting forth the part taken by 
the United States and the state of Washington in the world war for the years 
1917 and 1918, and the principles for which the allied nations fought, and the 
heroic deeds of American soldiers and sailors, the leading events in the history 
of our state and of Washington territory, the character and struggles of the 
pioneer settlers and other topics tending to instill a loyalty and devotion to the 
institutions and laws of our state. (L. ’21, p. 171, sec. 2; R. C. S., sec. 4900; 
P. C., sec. 2706-2.) 

1. The directors of a school district are not empowered to dismiss school for the 
entire day on November 11th, in the absence of circumstances prescribed by sec. 774, 
even though they will not claim credit for attendance on that day. If they exercise 
powers and functions not conferred upon them by statute, they are responsible for all 
loss that may ensue. (Atty. Gen., Dec. 2, 1921.) 

401. State and county superintendent to aid 

It is hereby made the duty of the state superintendent of public instruction 
and of the county superintendent of schools, by advice and suggestions to aid in 
the suitable observance of “Victory and Admission Day.” (L. ’21, p. 172, sec. 3; 
R. C. S., sec. 4901; P. C., sec. 2706-3.) 


ARTICLE XX—TEXTBOOKS 

402. Classes of districts. 

403. Textbook commission. 

404. Meetings of commission and selection of books. 

405. Superintendent or principal to issue course of study. 

406. County board of education to advertise for books. 

407. County superintendents may handle textbooks, when. 

408. Compensation of textbook commissioners. 

409. Joint district in county where school house is located. 

Cross-references: Penalty for failure to use adopted textbooks, sec. 425 ; penalty 
for acceptance by school officers and superintendents of compensation for recommenda- 
!l or U of b<)oks ’ sec - 427 provision of free textbooks, sec. 582, subd. 7 ; in districts of 
the first class sec 661 subd. 10 ; directors to require pupils to be furnished with adopted 
books, sec. 582, subd. 8. 

402. Classes of districts 

For the purposes of this chapter the school districts of the state of Wash¬ 
ington shall be and they are hereby divided into and shall consist of two divi- 







State of Washington 


157 


sions, viz.: School districts of the first division and school districts of the second 
division, and the school districts of the first division shall consist of all school 
districts maintaining a four-year accredited high school. Every other school 
district of the state shall be a school district of the second division. (L. ’09, p. 
316, sec. 1; R. C. S., sec. 4893; P. C., sec. 5088.) 

1. Where the state board of education had adopted a series of textbooks and 
prescribed a course of study and made contract with the publishers for the use of text¬ 
books for live years in certain grades of the public schools, pursuant to former statute 
providing for state adoption of textbooks, injunction would lie to prevent a county 
board from so changing the course of study of such grades that approximately twenty 
per cent less pupils in the schools of a city would use such books during the year: 
Rand, McNally d Co. v. Hartranft, 29 Wash. 591. 

2. W hen a school district refuses to follow the course of study and use textbooks 
lawfully prescribed the publisher of the books under contract to furnish them is not 
entitled to relief by injunction unless materially damaged: Westland Publishing Co. v. 
Royal, 36 Wash. 399. 

3. There is sufficient evidence to support a finding that the state board of educa¬ 
tion adopted a uniform series of textbooks and a course of study for the public schools, 
where it appears that the same was published throughout the state, apparently by their 
authority, and was generally recognized as valid and acted upon bv school districts, 
including the defendant: Rand, McNally d Co. v. Royal, 36 Wash. 420. This case was 
decided under former statute providing for state adoption of textbooks. 

4. Where textbooks have been duly adopted by lawfully constituted authority 
which has entered into contract with a publisher for furnishing the prescribed texts, 
a school district cannot question the validity of such contract in an action brought to 
enjoin the district from using other books on the same subject, when no objection 
has been raised by the party to the contract, since the district is not a party thereto: Id. 

5. The fact that the publisher of textbooks under contract with the state board 
of education to supply all the books required by the public schools of the state under 
provisions of the former statute, fails to have its bond to the state duly approved, 
would not excuse a school district board for failing to enforce the course of study 
prescribed by the state board: Id. 

6. A contract with a publisher to furnish textbooks for the use of the public 
schools of the state under former statute appears to be sufficiently executed by the 
state board of education when it is signed by the president and secretary of the board, 
when it was suggested by the board without objection at the time the subject was 
discussed that such signatures would be sufficient: Id. 

7. It is the duty of the directors to enforce the course of study prescribed by the 
state board of education jmd not to adopt and enforce some other course inconsistent 
therewith which they may deem superior thereto: Wagner v. Royal, 36 Wash. 428. 

8. Where certain texts have been adopted by specified grades, a regulation of the 
directors that pupils in such grades shall use the prescribed books until they become 
proficient therein is a sufficient compliance with the adoption, but if the prescribed 
books are not required by the district to be used at all in a certain grade, whether 
inadvertently or intentionally, an injunction may properly be issued to compel such 
use: Id. 

9. A resident and taxpayer of a school district who is the father of children 
attending school cannot intervene in an action by the publisher of lawfully prescribed 
textbooks to compel their use in the schools of the district: Westland Publishing Co. v. 
Royal, 36 Wash. 399 ; Wagner v. Royal, 36 Wash. 691 ; Rand, McNally d Co. v. Royal, 
36 Wash. 692. These cases were decided under former statute providing for state 
adoption of textbooks. 

10. If a component district of a union high school district does not support a high 
school alone and independently of any other district, it falls within the second division 
for purposes of textbook adoption and the textbooks up to those used in the union 
high school should be selected by the county board. (Atty. Gen. Ops., 1905-6, p. 33.) 

11. A union high school district maintaining a four-year accredited high school 
falls within the first division of school districts regardless of whether or not it includes 
a city and the textbooks of such district should be selected by the textbook commission 
and not by the county board of education. (Atty. Gen. Ops., 1915-16, p. 153.) 

403. Text))ook commission 

The textbooks for use in the public schools of each school district of the 
first division shall be selected by the textbook commission of such school dis¬ 
trict. The textbook commission of such school district shall consist of five 
persons, including the city superintendent, or, if there be none, then the principal 
of the high school, who shall be ex-officio chairman of the commission, and two 
members of the city board of school directors of the district, to be designated 
by such board, and one of whom shall be ex-officio secretary of the commission, 
and two lawfully qualified teachers engaged in teaching in such school district, 
to be appointed by the board of school directors of the district. Each member 
of the textbook commission shall take the oath to faithfully discharge the duties 
of his office. The term of office of the textbook commission shall be one year or 
until their successors are appointed and qualified. Said textbook commission 
shall have power to select textbooks for use in the public schools of the school 
district for which it is appointed, and it shall be the duty of the board of direc- 



158 


Code of Public Instruction 


tors to require the introduction and use of all textbooks lawfully adopted for 
use in their respective districts. The textbooks selected by the commission shall 
cover such branches and studies as are required to be taught by the lawfully 
adopted course of study, and as are required to be taught by the laws of the 
state of Washington. Any textbook selected for use in the schools of the district 
shall continue in use until displaced or replaced by order of the textbook com¬ 
mission, and no textbook selected or introduced into the schools by the text¬ 
book commission shall be displaced or replaced within three years from the 
date of its introduction into the schools. But nothing in this act or any other 
law shall be so construed as to prevent the textbook commission of any school 
district of the first division from using or introducing at any time, any supple¬ 
mentary or additional books which may from time to time be deemed necessary 
in order to maintain the highest standard of excellence in the schools of the 
district. (L. ’09, p. 316, sec. 2; R. C. S., sec. 4894; P. C., sec. 5089.) 

Cross-reference: Directors to require use of adopted textbooks, sec. 582, subd. 8. 

1. The adoption of supplemental books does not remain in force after the expira¬ 

tion of the time for which such books have been adopted. (Atty. Gen. Ops., 1905-6, 
p. 68.) . , 

2. If parties furnishing textbooks see fit to enter into a bond for the faithful 
performance of their contracts, such bonds are valid and enforcible in court. (Atty. 
Gen. Ops., 1905-6, p. 68.) 

3. If a county board of education has adopted textbooks for a school district of 
the second division, and before the five years from the time of their introduction has 
elapsed the district becomes a district of the first division, such district must continue 
to use the textbooks so adopted for the remainder of the five-year period. However, 
under sec. 403, such a district, in order to meet the requirements of the additional 
grades, may select and adopt additional and supplementary books in order to maintain 
the standard of excellence required of a district of the first division. (Atty. Gen. Ops., 
1913-14, p. 48.) 

404. Meetings of commission and selection of books 

The textbook commission of each school district of the first division shall, 
between the first day of April and the first day of July of each year, when any 
textbooks are to be selected by such commission, publish an advertisement in a 
newspaper of general circulation published in the county, or if there be no 
such newspaper published in the county, then in any newspaper published and 
having a general circulation in the state, to the effect that the commission will, 
on a day therein named, select textbooks for the use of the schools in such 
districts, and invite proposals for the furnishing of such books, the proposals 
to state an exchange and a retail price at which the proposer will furnish books 
for the schools of the district during the period of their use in such schools. 
(L. ’09, p. 317, sec. 3; R. C. S., sec. 4895; P. C., sec. 5090.) 

405. Superintendent or principal to issue course of study 

It shall be the duty of the superintendent or principal of each school in 
all districts of the first division to prepare and issue, under the direction of 
the board of school directors of the district, a course of study for his schools, 
which course of study must, before going into effect, be approved by the state 
superintendent of public instruction. Such course of study shall conform to 
the manual, or general outline, prescribed by the state superintendent of public 
instruction, and all examinations and promotions under the same shall be based 
upon the minimum credits in each study, as prescribed by the state superin¬ 
tendent of public instruction in his general manual or outline course of studv. 
(L. ’09, p. 318, sec. 4; R. C. S., sec. 4896; P. C., sec. 5091.) 

1. The course of study prepared by the state board of education is but an out¬ 
line, and the superintendent of public instruction may take into consideration any 
particular needs or conditions of the schools to which the course of study submitted to 
him for approval applies so long as there is a substantial compliance with the course 
adopted by the state board of education. (Atty. Gen. Ops., 1905-6, p. 174.) 

2. The superintendent of public instruction may approve a more extended use of 
the textbook on physiology so long as the text is used in the years indicated in the 
outline by the state board of education. He can not approve a course of study for 
high schools which provides for teaching physical geography only one semester unless 
the work done in that semester is sufficient to give the pupil a proficient knowledge of 
the subject, nor can he legally approve a course of study which provides for teaching 
physiology in the first and fourth year instead of the second year as prescribed by the 
course outlined by the state board. (Atty. Gen. Ops., 1905-6, p. 174.) 

3. The superintendent of public instruction is not authorized under this section 
to prepare questions for the examinations held for the purpose of promotion. This is 
left to the judgment of the proper teacher and is a power incidental to the duties and 
powers of such teacher. (Atty. Gen. Ops., 1907-8, p. 191.) 






State of Washington 


159 


406. County board of education to advertise for books 

The county board of education in each county of this state shall, between 
the first day of April and the first day of July of each year when any textbooks 
are to be selected, publish and advertise in a newspaper of general circulation 
in said county to the effect that said county board of education will on a day 
named therein select textbooks for the use of all the school districts of the 
second division in said county, and invite proposals for the furnishing of such 
books, the proposals to state an exchange price, a wholesale price and a retail 
price at which the proposer will furnish books for the schools of all districts 
of the second division during the period of their use in the schools of such dis¬ 
tricts. Any textbooks selected for use in the schools shall remain in use until 
the same shall be displaced or replaced by the county board of education; but 
no book selected and introduced into the schools shall in any event be changed 
within five years from the date of introduction. The county board of education 
or the officers of any school district of the second division shall have power to 
select, introduce and use additional and supplementary books at any time, when 
they deem it necessary, in order to establish and maintain the highest standard 
of excellence in their schools. The superintendent of public instruction shall 
have power and it shall be his duty to prescribe a uniform course of study for 
all schools of the second division: Provided, That any publisher or publishers 
of school books furnishing books under the provisions of this act to any district 
or districts of this state shall deposit with the superintendent of public instruc¬ 
tion a copy of any and all books so furnished. (L. ’09, p. 318, sec. 5; R. C. S., 
sec. 4902; P. C., sec. 5092.) 

Cross-reference: County superintendent may prepare outline course of study for 
books adopted in districts of the third class, sec. 440, subd. 5. 

1. It is the duty of the directors to enforce the course of study prescribed by the 
state board of education and not to adopt and enforce some other course inconsistent 
therewith which they may deem superior thereto: Wagner v. Royal, 36 Wash. 428. 

2. The adoption of supplemental books does not remain in force after the expira¬ 
tion of the time for which such books have been adopted. (Atty. Gen. Ops., 1905-6, 

p. 68.) 

3. If parties furnishing textbooks see fit to enter into a bond for the faithful 
performance of their contracts, such bond is valid and enforcible in court. (Atty. 
Gen. Ops., 1905-6, p. 68.) 

4. If the course of study prescribed by the superintendent of public instruction 
indicates civics as one of the subjects to be taught it is within the power of the county 
board to introduce additional and supplementary books on the subject of civics and to 
enforce the use of such supplementary books. (Atty. Gen. Ops., 1905-6, p. 82.) 

5. Since the course of study prescribed by the superintendent of public instruction 
in the third grade provides for teaching of language both oral and written the county 
board may adopt and require pupils to buy a textbook in language for the third grade. 
(Atty. Gen. Ops., 1905-6, p. 82.) 

6. A county board has authority to adopt a special text in business forms as 
supplementary to the advanced arithmetic. (Atty. Gen. Ops., 1905-6, p. 82.) 

7. The county board of education has no authority to select textbooks and then 
require school district directors to purchase the same, except in districts providing free 
textbooks. (Atty. Gen. Ops., 1905-6, p. 148.) 

8. A language series is within the term “textbooks” as used in this section. 
(Atty. Gen. Ops., 1905-6, p. 148.) 

9. The right of the directors to exclude partisan books lies under and precedes 
the right of a county board of education to make a contract for a book that is proven 
in court pernicious or partisan, and in its use contrary to the underlying ideas and 
principles of our constitution and American institutions. (Atty. Gen. Ops., 1905-6, 
p. 176.) 

10. A textbook adopted in accordance with the provisions of law must be pur¬ 
chased and be in the hands of the pupils for use, but after that is done the extent to 
which the basic textbook is used or not used and the supplementary book adopted is 
substituted for the basic text is largely a matter of discretion of the teacher and the 
school board of the district. (Atty. Gen. Ops., 1905-6, p. 176.) 

11. If the county board of education should pass a resolution rescinding its 
former one of adoption, and if the court should hold its action of rescission illegal, the 
members of the county board could not be made to respond personally in damages, 
and such claim of damages would lie against the county board only officially, or, in 
other words, against the district. (Atty. Gen. Ops., 1905-6, p. 246.) 

12. If an adopted textbook is proven to be objectionable in that it is partisan 
and pernicious and so found, as a matter of fact, action of the county board in 
rescinding the adoption would be sustained in court. (Atty. Gen. Ops., 1905-6, p. 246.) 

13. A school board cannot lawfully purchase textbooks and sell them to the 
pupils of the district. (Atty. Gen. Ops., 1905-6, p. 253.) 

14. Where a county board of education have failed to adopt textbooks for two 
of the grades between the first day of April and the first day of July, it would be 
their duty to do so later, and it would not be necessary for them to wait until April 
of the next year. Such books might be adopted as supplementary books, but in order 




160 


Code of Public Instruction 


to avoid any question, advertisement for proposals for furnishing such books should 
be made in accordance with the notice provided by law to be given at the time of the 
general adoption of textbooks. Adoption for the two omitted courses should be 
limited to that period of time when the county board will be called upon again to make 
a general adoption. (Atty. Gen. Ops., 1907-8, p. 308.) 

15. If a county board of education has adopted textbooks for a school district of 
the second division, and before the five years from the time of their introduction has 
elapsed the district becomes a district of the first division, such district must continue 
to use the textbooks so adopted for the remainder of the five-year period. However, 
under sec. 403, such a district, in order to meet the requirements of the additional 
grades, may select and adopt additional and supplementary books in order to maintain 
the standard of excellence required of a district of the first division. (Atty. Gen. Ops., 
1913-14, p. 48.) 

16. The minimum term for adoption of textbooks by county boards of education 
is five years, but no maximum is fixed. Therefore books may be continued in use 
after the expiration of the five-year period without readoption. A contract for adop¬ 
tion of textbooks for a period of four years only would violate the provision of the 
statute. (Supt. Pub. Instr., May 8, 1920.) 


407. County superintendents may handle textbooks, when 

Whenever any textbook adopted by lawful authority is sold within any 
county at a price greater than the retail price agreed upon, at the time of the 
adoption, it shall be the duty of the company having the contract to furnish 
any such book, to furnish the county superintendent upon his written demand 
a sufficient number of copies of said book to supply the schools in the districts 
in which the price charged is greater than the agreed price. It shall be the 
duty of the county superintendent to handle said books without charge and to 
remit to the book company the full retail price of such books after deducting 
the necessary charges for all transportation. (L. ’09, p. 319, sec. 6; R. C. S. f 
sec. 4903; P. C., sec. 5093.) 

1. Under former statute, L. 1897, p. 356, providing for contracts with text¬ 
book companies and adoption of the books by the state board of education the obliga¬ 
tion of a valid contract for the supplying of textbooks could not be impaired either by 
subsequent legislation or by the action of any board proceeding under such legislation : 
Rand, McNally & Co. v. Hartranft, 29 Wash. 591. 

2. If the directors of a school district are not requiring the use of a certain text¬ 
book in specified grades for which it has been prescribed and adopted by lawful 
authority it may be assumed that the publisher is deprived of a portion of the benefit 
which it is entitled to receive from its contract to supply such books and an injunction 
should issue at the suit of the publisher to require the directors to cause the same 
to be used in the grades for which it was pi*escribed: Eaton tf- Co. v. Royal, 36 
Wash. 435. 


408. Compensation of textbook commissioners 

Each member of the textbook commission, in school districts of the first 
division, shall receive as compensation for his services the sum of three dollars 
for each day during which he is in attendance upon the meetings of textbook 
commission, and such compensation shall be paid from the funds of the school 
district. (L. ’09, p. 319, sec. 7; R. C. S., sec. 4904; P. C., sec. 5094.) 

409. Joint district in county where school house is located 

In all joint districts of the second division, that is to say, in all school 
districts of the second division situated in more than one county, such joint 
school district shall, for the purpose of this act, be held and deemed to be a 
school district within the said county in which the school house is located, 
and for all purposes of this act it shall be under the control and jurisdiction 
of the county board of education of that county. (L. ’09, p. 319, sec. 8; R C S 
sec. 4905; P. C., sec. 5095.) 




State of Washington 


161 


ARTICLE XXI—APPEALS 

410. Appeals may be taken within thirty days. 

411. Appeals—to whom taken. 

412. The basis of appeal. 

413. Interested parties to be notified. 

414. Hearing of the appeal. 

415. Decisions to be final. 

416. Record of appeals. 

417. Certain decisions to be reported to county assessor. 

Cross-references: Decisions of superintendent of public instruction upon appeal, 
sec. 6, subd. 14 ; state board to hear appeals, sec. 17, subd. 11 ; appeals upon commit¬ 
ment to state training school^ sec. 177 ; appeals upon refusal of county superintendent 
to register certificate, sec. 295 ; appeal upon revocation of certificate, sec. 309 ; property 
adjustment of county superintendent upon formation of new district to be final unless 
appeal is taken, sec. 472 ; upon alteration of district boundaries, sec. 475 ; upon annexa¬ 
tion of territory by extension of city limits, sec. 479 ; appeals relating to formation of 
union high school districts, sec. 499 ; appeals in election contests, sec. 561 ; appeals 
with reference to condemnation proceedings, secs. 621, 622 ; appeals of retirement fund 
claimants and annuitants, under the state fund act, sec. 34 6 ; under the local fund act, 
sec. 704. 

410. Appeals may be taken within thirty days 

Any person, or persons, either severally or collectively, aggrieved by any 
decision or order of any school officer or school board may, within thirty days 
after the rendition of such decision or order, or of the failure to act upon the 
same when properly presented, appeal the same to the proper officer or board 
as hereinafter provided. (L. ’09, p. 362, sec. 1; R. C. S., sec. 5064; P. C., sec. 
5211.) 

1. If no point is made in the court below on failure of respondent to appeal from 
the order of the boai'd of directors in accordance with this section, the objection 
cannot be raised for the first time in the supreme court: Fitzgerald v. School District, 
5 Wash. 112, 114. 

2. Under former statute providing for county examinations for teachers’ cer¬ 
tificates, it was held that mandamus will not lie to compel the board of examiners to 
issue a certificate to an applicant entitled thereto, since the provision for an appeal 
to the superintendent of public instruction provides ample remedy: State ex rel. 
Cannon v. Hitt, 13 Wash. 547. 

3. When a board of education is by law constituted a tribunal, from which there 
is no appeal, for the trial of its school officers, a member of the board who has 
caused charges to be preferred against a school superintendent because of personal 
hostility toward him, and has announced a determination to vote against him, what¬ 
ever the evidence, is disqualified to sit as a member of such tribunal during the trial 
of the superintendent and, if he attempts to participate as a member of the tribunal, 
may be restrained by the issuance of a writ of prohibition : State ex rel. Barnard v. 
Board of Education, 19 Wash. 8. 

4. A school teacher before bringing suit against a school district for the alleged 
breach of contract must appeal from the decision of the board of directors to the 
county superintendent: Van Dyke v. School District, 43 Wash. 235. But see note 7 to 
this section. 

5. After the period allowed for appeal has expired prior to the commencement of 
mandamus proceedings to compel the prosecuting attorney to test the validity of an 
order of the county superintendent consolidating school districts, inquiry cannot be- 
made into the wisdom or policy of the order and only its validity can be questioned 
by such collateral attack, since appeal is the proper method of questioning the merits; 
of the order: State ex rel. Harris v. Ward, 69 Wash. 342. 

6. Where the action of a school board in dismissing a principal has been reversed! 
,on appeal, and the board has thereafter designated a subordinate teacher as superin¬ 
tendent and directed the principal to work under him, the principal need not make 
another appeal to the school authorities before suing the district for breach of con¬ 
tract: Williams v. School District No. J89, 104 Wash. 659. 

7. Hovey, J., in Andrus v. Church, 117 Wash. 627,' at p. 630: "In our earlier 
cases suits were permitted by teachers on their contracts in the courts in the first 
instance, the same being cited in the dissenting opinion to Van Dyke v. School Dis¬ 
trict, 43 Wash. 235. In the majority opinion in that case it was held, however, that 
the action would not lie in the first instance in the superior court, but that appeals 
would have to be taken first to the county superintendent and then to the state super¬ 
intendent, under the provisions of sec. 2318, Bal. Code. This section is now superseded 
by sec. 4707, Rem. Code [sec. 411, supra], which provides that, in matters involving 
the construction of contracts, appeal shall be taken to the court of the proper resort.’^ 

8. An appeal from a decision of the county superintendent rendered on Dec. 31, 
1920, is properly perfected if it reached the office of the superintendent of public 
instruction on Jan. 31, 1921, since the time for filing is thirty days, excluding the first,, 
and also the last in case it falls on a Sunday. (Atty. Gen., Feb. 4, 1921.) 

—6 






162 


Code of Public Instruction 


9. In case a school district refuses to recognize a claim, the claimant’s only 
recourse is to the courts. The opinion of the superintendent of public instruction 
would be of no effect, inasmuch as he has no power to order the payment of public 
funds. (Supt. Pub. Instr., June 27, 1914.) 

10. Where the patrons of a district are dissatisfied with the work of a teacher 
and desire to have such teacher discharged, they should appeal to the board of school 
directors of the district, as the matter is one which lies entirely within the authority 
of the directors. In case the parents are dissatisfied with the action of the board of 
directors in such a matter, an appeal may be taken to the county superintendent, and 
if they are not satisfied then, to the superintendent of public instruction. (Supt. Pub. 
Instr., Nov. 21, 1914.) 

411. Appeals—to whom taken 

Appeals from the decision or order, or from the failure to decide or order, 
by a board of school directors shall be taken to the county superintendent of 
schools in and for the county. Appeals from the decision or order, or the failure 
to decide or order, of a county superintendent of schools shall, when relating to 
the operation or management of schools or to the relation with teachers, be 
taken to the superintendent of public instruction. In all other cases appeal 
shall be taken to the superior court of the county in which the district is situ¬ 
ated. (L. ’19, p. 222, sec. 23; R. C. S., sec. 5065; P. C., sec. 5212.) 

Cross-references: Appeal to superintendent of public instruction upon refusal of 
county superintendent to register certificate, sec. 295 ; course of appeal upon revocation 
of certificate, sec. 309. 

1. Where a person aggrieved at the action of a county school superintendent in 
establishing a new school district fails to appeal to the board of county commissioners 
as provided in former laws, he cannot invoke the remedy of certiorari to review the 
proceedings whereby such new school district was established: Gregory v. Dixon, 7 
Wash. 27. 

2. The superior court has jurisdiction of an action to review a decision of a board 
of school directors discharging a teacher, where the county superintendent of schools 
had disqualified himself from reviewing the decision of the appeal provided by law, 
by appearing at and dominating the school board meeting, demanding the teacher’s 
resignation, and threatening her with cancellation of her certificate authorizing her 
to teach unless she resigned, and denying her any opportunity to be heard: State 
ex reh Caffrey v. Superior Court, 72 Wash. 444. 

3. Where a county superintendent has made an order transferring school district 
territory, an interested person may have the question of sufficiency for transfer as to 
the required number of signatures reviewed in the courts if the challenge to the 
sufficiency of the petition is made before the transfer is fully consummated and new 
rights of the respective districts have become vested because of acts done by them or 
on their behalf upon the faith of such transfer being lawfully made: State ex ret. 
Bouffleur v. Superior Court, 111 Wash. 477. 

4. A school teacher who has been discharged by a board of school directors 
without sufficient cause has a right of action for damages for breach of contract: 
Andrus v. Church, 117 Wash. 627. 

5. Neither the state superintendent nor the county superintendent has jurisdiction 
on appeal to recover for a district moneys paid by the district to directors for personal 
services in connection with the erection of a schoolhouse for the district in violation 
of the provisions of sec. 584. Suit to recover these moneys would have to be filed in 
the courts on behalf of and in the name of the school district and against the offending 
directors. (Atty. Gen. Ops., 1903-4, p. 329.) 

6. A county superintendent, when presented with a petition requesting the 
transfer of territory from one school district to another, has the authority to transfer 
less territory than prescribed in the petition. He may correct mistakes, modify the 
boundaries, and eliminate a part of the territory which the petition proposes to trans¬ 
fer. If in doing so he acts unwisely, or is guilty of an abuse of discretion, the statute 
on appeals, secs. 410 to 417 inclusive, provides a method of correcting such errors. 
(Atty. Gen. Ops., 1913-14, p. 223.) 

7. This section as amended in 1919 takes away the right of appeal to the board 
Gf county commissioners, and therefore renders nugatory that portion of sec. 414, which 
relates to hearings before that board. (Atty. Gen. Ops., 1919-20, p. 159.) 

8. Appeals before the county superintendent of schools and the superintendent of 
public instruction under this section should be held in the manner provided in sec 414. 
(Atty. Gen. Ops.. 1919-20, p. 159.) 

9. A county superintendent of schools has power to review on appeal the action 
of the board of school directors in discharging a teacher. (Attv. Gen. Ops., 1919-20, 
p. 237.) 

10. No appeal lies from the joint order of county superintendents forming a ioint 
school district. (Atty. Gen., Mar. 19, 1912.) 

11. If the superintendent of public instruction is opposed to a school district in 
appeal proceedings, such fact would not disqualify the prosecuting attorney from 
acting for the district, but if the county superintendent of schools is opposing the 
district the prosecuting attorney is his advisor and would therebv be disqualified from 
acting for the district. (Atty. Gen., June 2, 1923.) 

12. A county superintendent of schools has no authority to hear an nppeal from 
the decision of a board of directors of a district lying wholly within another county 



163 


State of Washington 


even at the request of the superintendent thereof. In case of the absence of a county 
superintendent from his county, his deputy may hear the appeal and render a decision. 
(Supt. Pub. Instr., Oct. 9, 1920.) 

13. A county superintendent has no authority to discharge a teacher except upon 
appeal from a decision of the board of directors. Any of the causes named in sec. 307 
for revocation of a teacher’s certificate would be sufficient cause to justify the board in 
discharging a teacher. (Supt. Pub. Instr., Nov. 26, 1920.) 

412. The basis of appeal 

The basis of appeal shall be an affidavit or affidavits of the party aggrieved, 
filed within the time for the taking of such appeal, setting forth in a clear and 
concise manner the errors complained of. (L. ’09, p. 363, sec. 3; R. C. S., sec. 
5066; P. C., sec. 5213.) 

413. Interested parties to be notified 

Having received the basis of appeal, as set forth in the preceding section, 
the officer to whom the appeal is taken shall within ten days, and the board 
of county commissioners shall at their next regular session, notify in writing 
the party from whose action the appeal is taken of the taking of such appeal 
and of its nature and scope. Within twenty days after such notice the said 
party shall file a complete transcript, properly certified to be correct, of the 
record and papers and proceedings relating to the decision complained of. Upon 
the filing of such transcript notice shall be duly given to all parties interested 
of the time and place where the matter of the appeal shall be heard and de¬ 
termined. (L. ’09, p. 363, sec. 4; R. C. S., sec. 5067; P. C., sec. 5214.) 

Cross-reference: Right of appeal to county commissioners no longer exists, sec. 
411, note 7. 0 

1. The failure of the superintendent of public instruction to notify the county 
superintendent of the appeal within the statutory ten days is not jurisdictional and 
this step may be taken at a later time. If the case has been set for hearing, such 
date should be cancelled, the parties notified and a later date set. (Atty. Gen., Aug. 
15, 1917.) 

414. Hearing of the appeal 

At the hearing of an appeal, properly presented in accordance with this 
chapter, the county superintendent or the board of county commissioners, as 
the case may be, shall hear testimony of all parties interested, and for the 
purpose may administer oaths if necessary, may summon witnesses or demand 
records or certified copies of the same: Provided, That in the case of a hearing 
before the board of county commissioners the board may hear the case de novo, 
and in case of a hearing on appeal by the superintendent of public instruction 
no new evidence may be admitted. (L. ’09, p. 363, sec. 5; R. C. S., sec. 5068; 
P. C., sec. 5215.) 

Cross-references: Certified copies of records of superintendent of public instruc¬ 
tion, sec. 6, subds. 9 and 18; right of appeal to county commissioners no longer exists, 
sec. 411, note 7. 

1. A teacher discharged by a board of directors is not without remedy, although 
not entitled to a formal hearing-, as a right of appeal to the county superintendent is 
given, the hearing is de novo, and the county superintendent is authorized to hear 
testimony, administer oaths, summon witnesses and demand records: State ex rel. 
Board of Directors v. Preston, 120 Wash. 569. 

2. Sec. 411 as amended in 1919 takes away the right of appeal to the board of 
county commissioners and therefore renders nugatory that portion of this section which 
relates to hearings before the commissioners. (Atty. Gen. Ops., 1919-20, p. 159.) 

3. Hearings on appeal to the county superintendent of schools shall be de novo 
and appeals to the superintendent of public instruction shall be only on such evidence 
as may have been admitted at the hearing before the county superintendent. (Atty. 
Gen. Ops., 1919-20, p. 159.) 

4. Appeals from the decision or order or failure to decide or order of a county 
superintendent of schools may no longer be taken to the board of county commissioners, 
but shall be taken either to the superintendent of public instruction or the superior 
court, as provided in sec. 411. (Supt. Pub. Insti\, Dec. 28, 1920.) 

5. The school code makes no provision for payment for services of witnesses in 
appeals. (Supt. Pub. Instr., Dec. 30, 1920.) 

415. Decisions to be final 

In decisions of appeal by the superintendent of public instruction and by 
the board of county commissioners the decision or order shall be final unless 
set aside by a court of competent jurisdiction in an action brought therein to 
review such order or decision. (L. ’09, p. 364, sec. 6; R. C. S., sec. 5069; P. C., 
sec. 5216.) 






164 


Code of Public Instruction 


Cross-references: Decisions of the superintendent of public instruction rendered 
on appeal to be final, sec. 6, subd. 14. 

1. A school district containing less than four sections of land may be formed if 
it can support six months school in each year. Whether it can do so is a question for 
determination by the county superintendent and his decision of the question as affirmed 
on appeal is final and will not be reviewed by the courts if there was neither want 
nor excess of jurisdiction, under former statute providing for appeal from decisions 
of the county superintendent in certain cases to the county commissioners, superseded 
by sec. 411: Wilsey v. Cornwall, 40 Wash. 250. 

2. A decision of the commissioners affirming a finding that a district can support 
six months school is final and will not be reviewed on certiorari if there was neither 
want nor excess of jurisdiction : Id. 

3. In forming a new school district and fixing its boundaries the county superin¬ 
tendent is not restricted to the territory specified in the petition : Id. 

4. Under the former statute providing for appeal to the county commissioners 
from certain decisions of the county superintendent, the decision of two county super¬ 
intendents creating a joint district is final and there is no appeal therefrom to the 
commissioners of one of the counties: State ex rel. School District v. Board of Com¬ 
missioners, 72 Wash. 454. 

5. When the county superintendents in forming a joint district and determining 
its boundaries act according to law, their determination of the merits of the questions 
submitted to them is final, but when they do not so act, their findings may be reviewed 
by any court of competent jurisdiction : Id. 

6. Under the former statute providing for appeal from certain decisions of the 
county superintendent of schools to the county commissioners, an action in equity to 
set aside a decision of the commissioners affirming a decision of the county superin¬ 
tendent will not lie, and is insufficient to operate as an application for a writ of 
review if it does not bring up the record made before the commissioners, but seeks 
a trial de novo: Tufts v. Riffe, 97 Wash. 500. 

7. The provision that the decision of appeal “shall be final unless set aside by a 
court of competent jurisdiction in an action brought therein to review such order or 
decision,” does not provide for an appeal nor for a hearing de novo, but only for 
proceedings by certiorari to review the decision or order complained of on the record 
made before the school authorities and county commissioners: Id. 

8. After a board of school directors has discharged a principal and its action 
has been reversed by the county superintendent, it cannot designate a teacher there¬ 
tofore subordinate to the teacher as “superintendent” of schools and require the 
principal to work under him: Williams v. School Distinct No. 189, 104 Wash. 659. 

9. Under this section, providing that decisions on appeal by the county com¬ 
missioners shall be final unless set aside by a court of competent jurisdiction in an 
action brought to review the same, certiorari lies to review decisions on appeal from 
the county superintendent, notwithstanding the earlier sec. 475 provides that decisions 
on appeal by the board shall be final: State ex rel. Calouri v. Stratton, 108 Wash. 485. 
This case was decided at a time when provision was made for taking appeals from 
the county superintendent to the county commissioners in certain cases. For the 
present course of appeal see sec. 411. 

10. The provision of this section, that decisions on appeal shall be final, does not 
mean that such decision in a case involving territorial limits of a school district fixes 
the boundaries for all time, since the question involved is purely political: State 
ex rel. Miller v. Thornton, 115 Wash. 190. 

11. Where the county superintendent upon petition has transferred territory from 
one district to another and his order of transfer has been modified upon appeal the 
decision appealed from does not preclude a subsequent second transfer of territorv 
between the same districts upon later petition : Id. 

416. Record of appeals 

Decisions of appeal shall be made a matter of record in full, and certified 
copies of the same shall be made if asked for by the parties interested within 
ten days of such decision. Notice of such decision of appeal shall be made in 
writing to parties interested within five days of their rendition. (L ’09, p. 364 
sec. 7; R. C. S., sec. 5070; P. C., sec. 5217.) 

Cross-reference: Certified copies of records of superintendent of public instruc¬ 
tion, sec. 6, subds. 9 and 18. 

1. Where an order of the county superintendent has been reversed or modified 
on appeal, he should be directed so to change his own order as to make it conform 
to the right of the matter: State ex rel. Calouri v. Stratton, 108 Wash. 485. 

417. Certain decisions to be reported to county assessor 

In cases of appeal resulting in the change of any school district boundaries 
the decision shall within five days thereafter be also certified by the proper officer 
to the county assessor of the county, or to the county assessors of the counties, 
wherein the territory may lie. (L. ’09, p. 364, sec. 8; R. C. S., sec. 5071; P. C„ 
sec. 5218.) 

Cross-reference: County auditor to certify action of county superintendent in¬ 
volving alteration of district boundaries to county assessor, sec. 466. 





State of Washington 


165 


ARTICLE XXII—RELIGION 

418. To be free from sectarian influence. 

Cross-references: Guarantee to federal government that public schools shall be 
free from sectarian control, Const., art. 26, sec. 4 ; public money or property not to 
be appropriated for or applied to any religious worship, exercise or instruction, Const., 
art. 1, sec. 11; state university to be free from religious or sectarian control, sec. 66; 
state college to be non-sectarian, sec. 95 ; use of schoolroom for religious purposes 
authorized, sec. 582, subd. 10 ; religious training of parental school pupils, sec. 674. 

418. To be free from sectarian influence 

All schools maintained or supported wholly or in part by the public funds 
shall be forever free from sectarian control or influence. (L. ’09, p. 263, sec. 9; 
R. C. S., sec. 4693; P. C., sec. 4896.) 

Note : This section is a copy of Const., art. 9, sec. 4. 

1. The giving of credits for Bible study done outside of school, furnishing an 
outline of study, conducting examinations, and the rating of papers, covering the 
“historical, biographical, narrative and literary features of the Bible,” violates Const., 
art. 1, sec. 11, providing that no public money shall be applied to any religious 
worship, exercise or instruction : State ex rel. Dearie v. Frazier, 102 Wash. 369. 

2. The stated reading of the Bible in the public schools of this state is a religious 
exercise within the meaning of the constitution, and as such is prohibited by sec. 11, 
art. 1, of that document. (Atty. Gen. Ops., 1891-92, p. 142.) 

3. It is unlawful to open school with prayer. (Atty. Gen. Ops., 1909-10, p. 135.) 

4. Credit for Bible study may not be applied toward graduation from high 
schools in this state, even though such study be optional, is pursued outside the public 
school buildings, and no part of public school money, time or property is used in con¬ 
ducting such courses. (Atty. Gen. Ops., 1915-16, p. 254.) 


ARTICLE XXIII—HEALTH AND SAFETY 


419. Contagious diseases. 

420. “Slow Down” signs. 

Cross-references: Physical education, sec. 20 et seq. ; doors of public buildings to 
swing outward, sec. 28; hygiene to be taught and attention to be given to the laws of 
health, ventilation and temperature, sec. 247 ; sale of certain fire arms to minors 
prohibited, sec. 374 ; penalty for admitting minor to place injurious to health, sec. 374 ; 
employment of minors in dangerous practices or exhibition, sec. 375; approval of 
building plans for districts of the third class, secs. 442 and 747 ; school premises to be 
maintained in cleanly and sanitary condition, sec. 582, subd. 4 ; operation of auto¬ 
mobiles by minors, sec. 632 ; medical inspection in districts of the first class, sec. 661, 
subd. 13 ; attendance credit for period when school is closed by health officer, sec. 774. 

419. Contagious diseases 

No teacher, pupil or janitor shall he permitted to attend school from any 
house in which smallpox, varioloid, scarlet fever, diphtheria, or any other con¬ 
tagious or infectious diseases are prevalent. No teacher, pupil or janitor shall 
be permitted to return to school from any house where the above mentioned 
diseases, or any form of them, have prevailed, until three weeks shall have 
elapsed from the beginning of convalescence of the patient, or upon the certificate 
of a registered physician in good standing that there is no danger of contagion. 
In case of whooping cough, chicken pox and measles, certified by a physician 
to be not of a malignant character, this rule shall not apply to teachers, pupils, 
or janitors who have had the diseases and have entirely recovered from them: 
Provided, That no pupil, teacher or janitor can attend school or be employed 
who is afflicted with pulmonary tuberculosis. (L. ’09, p. 262, sec. 5; R. C. S., 
sec. 4689; P. C., sec. 4892.) 

1. A school district of the first class has no authority to maintain a clinic which 
furnishes free service to school children of parents unable to pay for medical services, 
other than children in parental schools, and performs functions beyond inspection of 
buildings and persons to prevent spread of infection and contagion: McGilvra v. 
Seattle School District No. 1, 113 Wash. 619. 

2. A question raised by a parent as to the validity of an order of a school board 
isolating pupils in their homes for a period of 18 days following a given date during 
an epidemic will not be considered by the supreme court on appeal after the expiration 
of such period; State ex rel. Lehman v. Partlow, 119 Wash. 316. 

3. The state board of health has power under Rem. Comp. Stat., sec. 6001 ; 
Pierce’s Code, sec. 5278, to prescribe a certificate of successful vaccination or of 





166 


Code of Public Instruction 


exemption from vaccination as a prerequisite to school attendance during an epidemic 
of smallpox, and such order is binding upon school directors and authorizes them to 
make an order enforcing the regulations: Id. 

4. If in the judgment of the directors it is deemed expedient and necessary to 
close the schools by reason of a single case of diphtheria in the community, they have 
power to do so. (Atty. Gen. Ops., 1901-2, p. 23.) 

5. Except possibly in a case of emergency where it appears to be necessary to 
prevent the contagion of smallpox, the state board of health has no authority to enforce 
a regulation providing that children who have not been successfully vaccinated shall 
be prohibited from attending the public schools. (Atty. Gen. Ops., 1901-2, pp. 288, 
307, 415.) 

6. A teacher who was ill during a period when the schools were closed because 
of an epidemic, is entitled to full compensation during the closed period if he was able 
and willing and did resume his teaching upon the opening of the schools. (Atty. Gen. 
Ops., 1917-18, p. 397.) 

7. Boards of directors of school districts other than of the first class are not 
empowered to require vaccination as a condition to school membership. (Atty. Gen., 
Dec. 16, 1912.) 

8. The directors of a school district of the second class have no authority to 
employ a medical inspector. (Atty. Gen., Feb. 24, 1916.) 

9. Unvaccinated pupils may be temporarily excluded from school if such exclusion 
is necessary to prevent an epidemic, but may not be excluded if the danger does not 
exist or has passed. (Atty. Gen., Dec. 2, 1920.) 

10. A teacher may, within reasonable bounds, use her discretion in sending home 
a pupil from school on account of sickness, without authority from the health officer. 
(Supt. Pub. Instr., Feb. 28, 1920.) 

11. There is no legal objection to medical inspection of school children by volun¬ 
teer nurses, in case such inspection is undertaken with the consent of the district 
officers, without expense to the district. In view of the provision relating to districts 
of the first class, medical inspection should not be required of any children in districts 
of the second and third classes contrary to the wishes of their parents. (Supt. Pub. 
Instr., Aug. 25, 1919.) 

12. It is mandatory upon the teachers to furnish the health certificate required 
by the state department of health, and their contracts may not be approved unless 
such certificate has been furnished. For copy of the rules see appendix B. (Supt. Pub. 
Instr., June 12, 1922.) 

420. “Slow Down” signs 

There shall be constructed and maintained within one hundred (100) yards 
of each approach to each school house in the state, a conspicuous wooden or 
suitable sign with the words “School, slow down” painted thereon in letters of 
the following dimensions: 

Description of School Sign 

The size of the board shall be fifteen inches by twenty-seven inches over all, 
with a black border on the outer edges one-fourth inch in width. The following 
directions shall be painted on the board in plain block letters in black on white 
background: 

SCHOOL 

Slow Down 

The word “School” shall be written above the words “Slow Down.” The 
size of the letters shall be four (4) inches in height, about two and three-eighths 
(2%) inches in width, and spaced approximately four (4) inches from center 
to center. The lines forming the letters shall be one-half inch in width. 

The size of the letters in the words “Slow Down” shall be three (3) inches 
in height, about one and three-fourths (1%) inches in width, and spaced ap¬ 
proximately two and three-fourths (2%) inches from center to center. The 
lines forming the letters shall be three-eighths (%) inch in width. The words 
“Slow Down” shall be underlined with a black line one-fourth (V±) inch in 
width. 

A margin of approximately two and one-fourth (2%) inches shall be left 
between the outer edge of the letters and the edge of the board. Said sign shall 
be constructed and maintained by the local authorities of the city or town in 
which any of said school houses are situated and at the expense of said city or 
town. For all school houses located outside of the limits of any town or city 
said sign shall be constructed and maintained by the county in which any of 
said school houses are situated and at the expense of said county. (L. ’21, p 
280. sec. 45; R. C. S., sec. 6357; P. C., sec. 220.) 



State of Washington 


167 


ARTICLE XXIV—PENALTIES 

421. For disclosing questions. 

422. For failure to pay over fines. 

423. For clerk’s failure to make report. 

424. For failure to deliver books to successor. 

425. For failure to use adopted textbooks. 

426. For disturbing a school meeting. 

427. For misconduct of school officers. 

Cross-references: For other penalties see index title “PENALTIES”; crediting 
of fines to the current school fund, sec. 762. 

421. For disclosing questions 

Any member of the state board of education, any employe of the state of 
Washington, any county superintendent or any employe of his office, who shall 
directly or indirectly disclose any question or questions prepared for the ex¬ 
amination of teachers or of eighth grade pupils, or any teacher or other person 
connected with the instruction of or the examination of eighth grade pupils, who 
shall, before the time appointed for the use of the questions in the examination 
of such pupils, disclose the questions, or make known their character, or who 
shall directly or indirectly assist any such eighth grade pupil to answer 
any question submitted, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in any sum not less than one hundred nor more 
than five hundred dollars. Said fine shall be turned over to the county treasurer 
of the county in which it is collected, and shall be by him transmitted to the 
state treasurer, who shall place the same to the credit of the current school 
fund of the state. (L. ’09, p. 357, sec. 1; R. C.-S., sec. 5043; P. C., sec. 5190.) 

Cross-references: State superintendent to have teachers’ examination questions 

printed, sec. 6, subd. 3 ; state board of education to prepare examination questions and 
answers, sec. 17, subds. 8-10; teachers’ examinations, sec. 303 et seq. ; state grammar 
school examinations, sec. 365 et seq. 

422. For failure to pay over fines 

Any officer or person collecting or receiving any fines, forfeitures or other 
moneys belonging to the schools of the state of Washington, or belonging to 
the school fund of any county or school district in this state, and refusing or 
failing to pay over the same, as required by law, shall forfeit double the amount 
so withheld, and interest thereon at the rate of five per cent per month during 
the time of so withholding the same; and it shall be a special duty of the 
county superintendent of schools to supervise and see that the provisions of 
this section are fully complied with, and report thereon to the county commis¬ 
sioners semi-annually or oftener. Such fines and penalties, when collected, shall 
be turned over to the county treasurer and by him transmitted to the state 
treasurer, who shall place the same to the credit of the current school fund of 
the state. (L. ’09, p. 357, sec. 3; R. C. S., sec. 5045; P. C., sec. 5192.) 

Cross-references: For fines and penalties see index titles “FINES” and “PENAL¬ 
TIES” ; fines to be credited to current school fund, sec. 762. 

423. For clerk’s failure to make report 

In case the district clerk fails to make the reports as by law provided, 
at the proper time and in the proper manner, he shall forfeit and pay to the 
district the sum of twenty-five dollars for each and every such failure. He 
shall also be liable, if, through such neglect, the district fails to receive its 
just apportionment of school moneys, for the full amount so lost. Each and 
all of said forfeitures shall be recovered in a suit brought by the county superin¬ 
tendent or by any citizen of such district, in the name of and for the benefit of 
such district, and all moneys so collected shall be paid over to the county 
treasurer and shall be by him placed to the credit of the general fund of the 
district to which it belongs. (L. ’09, p. 359, sec. 6; R. C. S., sec. 5048; P. C., sec. 
5195.) 

Cross-references: Clerk to report attendance of model school pupils, sec. 157 ; to 
report names of deaf and blind youth, sec. 213 ; and defective youth, sec. 230 ; to make 
report concerning high school districts, sec. 254; to report names of new members of 
retirement fund to secretary of fund, sec. 331; to certify salary deductions to secre- 





168 


Code of Public Instruction 


tary of the fund, sec. 333; to make census report, sec. 358; to make report to county 
superintendent concerning enforcement of compulsory attendance act, sec. 361 ; to 
report payment of indebtedness of district attached to city district by extension of 
boundaries, sec. 480 ; to report payment of indebtedness of component of consolidated 
district, sec. 489 ; clerks of joint districts to report to each county superintendent, 
sec. 513; to report organization of board of directors, sec. 586; annual report of clerk, 
sec. 587, subd. 4 ; clerk to report name of teacher and proposed length of term, sec. 
587, subd. 7; report of warrants to county treasurer, sec. 587, subd. 8; to report 
kindergarten attendance, sec. 635. 

424. For failure to deliver books to successor 

Any school officer who shall refuse or fail to deliver to his qualified suc¬ 
cessor all books, papers, records and moneys pertaining to his office, or who 
shall wilfully mutilate or destroy any such property, or any part thereof, or 
shall misapply moneys entrusted to him by virtue of his office, shall be deemed 
guilty of a misdemeanor, and shall, upon conviction thereof, be punished by 
a fine not to exceed one hundred dollars; said fine, when collected, to be turned 
over to the county treasurer and by him transmitted to the state treasurer, who 
shall place the same to the credit of the current school fund of the state; and 
any director who shall aid in, or give his consent to the employment of a teacher 
who is not the holder of a valid certificate authorizing him or her to teach in 
the public schools of this state, shall be personally liable to his district for any 
loss which it may sustain by reason of the employment of such person not 
lawfully qualified to teach. (L. ’09, p. 359, sec. 7; R. C. S., sec. 5049; P. C., sec. 
5196.) 

Cross-references: Teacher to hold certificate valid for the full contract period, 
secs. 289, 310; forfeiture of apportionment for employment of teacher not legally 
qualified, sec. 425; county superintendent to deliver records, books, documents and 
papers to his successor, sec. 440, subd. 8 ; officers to deliver books, papers and moneys 
to successors, sec. 585; fines to be credited to current school fund, sec. 762. 

425. For f ailure to use adopted textbooks 

Any district using textbooks other than those prescribed by lawful 
authority, or any district failing to comply with the course of study prescribed 
by the state board of education or by other lawful authority, or any district in 
which warrants are issued to a teacher not legally qualified to teach in the 
common school of the said district, shall forfeit twenty-five per cent of their 
school fund for that or the subsequent year, and it is hereby made the duty of the 
county superintendent to deduct said amount from the apportionment to be made 
to any district failing in either or all of the above requirements, and the amounts 
thus deducted shall revert to the general school funds of the state, and the 
county treasurer shall return the same to the state treasurer for reapportion¬ 
ment. (L. ’09, p. 361, sec. 15; R. C. S., sec. 5058; P. C., sec. 5204.) 

Cross-references: Superintendent of public instruction to prepare courses of study, 
sec. 6, subd. 3 ; state board of education to outline course of study, sec. 17, subd. 7 ; 
and to prescribe courses in physical education, sec. 20 ; subjects to be taught in the 
common schools, sec. 247 ; courses in American history and government, sec. 262; 
teacher to hold valid certificate, secs. 289, 310 ; penalty for failure of teacher to enforce 
course of study, sec. 316; course of study and textbooks for districts of the first 
division, secs. 403, 405 ; for districts of the second division, secs. 406 and 440, subd. 5 ; 
personal liability of director for employment of teacher not qualified, sec. 424 ; duty 
of directors to enforce course of study, sec. 582, subd. 2 ; and to require pupils to be 
furnished with adopted textbooks, sec. 582, subd. 8; directors of districts of the first 
class to prescribe courses not inconsistent with state course, sec. 661, subd. 2 ; fines 
and forfeitures to be credited to current school fund, sec. 762; apportionment to 
districts, sec. 763 et seq. 

1. Where a school district refuses to follow the course of study adopted bjr the 
state board of education, the publisher of the books (under contract with the state 
board) is not entitled to relief by injunction unless materially damaged: Westland 
Publishing Co. v. Royal, 36 Wash. 399. 

426. For disturbing a school meeting 

Any person who shall wilfully disturb any school or school meeting shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 
in any sum not more than fifty dollars. Said fine, when collected, shall be 
turned over to the county treasurer and by him transmitted to the state treas¬ 
urer, who shall place the same to the credit of the current school fund of the 
state. (L. ’09, p. 361, sec. 12; R. C. S., sec. 5055; P. C., sec. 5201.) 




State of Washington 


169 


Cross-references: Special school district meetings, sec. 528 ; use of school build¬ 
ings for meetings, secs. 582, subd. 10, and 637 et seq. 

1. Upon the conviction before a justice of the peace of a boy between the ages 
of eight and sixteen years for disturbing a public school, it is the duty of the justice 
to certify the proceedings to the superior court for the purpose of determining whether 
the offender is a fit subject for the reform school; and in such case the justice has 
jurisdiction of the offense, and there is no trial before the superior court for the 
purpose of ascertaining the guilt or innocence of the accused: State v. Packenham, 
40 Wash. 403. 

2. A youthful offender tried before a justice of the peace for the offense of 
disturbing a public school waives his right to a jury trial by not demanding the same 
before the justice : Id. 

3. Laws 1903, p. 328, supei'seded by sec. 426, prescribing a penalty for disturbing 
a public school by any “person” applies to and includes a pupil of such school who 
was not attending the school at the time the offense was committed and was outside 
of the school building: Id. 

4. A complaint charging that a boy seventeen years of age associates with dis¬ 
orderly boys and was disorderly at a public school during school hours sufficiently 
states facts constituting dependency as defined by the juvenile court act, sec. 379: 
State ex rel. Raddue v. Superior Court, 106 Wash. 619. 

5. In the case of State v. Brown, 108 Wash. 205, at p. 207, the court remarked 
that although this section does not specify the particular acts which will constitute 
the disturbance, yet no case can be found where it has been held invalid. 

427. Penalty for misconduct of school officers 

It shall be unlawful for any county superintendent of schools, superintendent 
or principal of public schools, directors of any school district, or other public 
school officer in the state of Washington, to accept, demand, or receive, either 
directly or indirectly, any commission, remuneration, or thing of value from 
any teacher’s agency, employment bureau, teacher or other employe of any 
school under his or her jurisdiction or charge, as compensation for or on account 
of the appointment or recommendation of any teacher or other employe to 
any position in such school, or for furnishing information of a vacancy existing 
or to exist in any such position, or to accept, demand or receive, either directly 
or indirectly, any commission, remuneration or thing of value from any pub¬ 
lisher, manufacturer, salesman, agent, or any other person, as compensation for 
or on account of the recommendation of any books, maps, school furniture or 
school supplies for use in such school, or for any services rendered in inducing 
the directors of any such school district to adopt, purchase, install or use the 
same in any such school. 

Any wilful violation of the provisions of this section shall be deemed a 
misdemeanor and punished as such. (L. ’17, p. 505, sec. 1; R. C. S., sec. 5050; 
P. C., sec. 5210.) 

Cross-references: Adoption of textbooks, sec. 401 et seq. ; purchase of supplies in 
districts of the first class, sec. 660 ; in districts of the second class, sec. 727 ; in dis¬ 
tricts of the third class, sec. 740. 


CHAPTER 2—THE COUNTY 

ARTICLE I—DEFINITION OF THE COUNTY SCHOOL DISTRICT 

428. County school district defined. 

Cross-reference: Uniform system of county government to be established, Const., 
art. 11, sec. 4. 

428. County school district defined 

For purposes of supervision and administration, each county in the state 
shall constitute one county school district. (L. ’09, p. 264, sec. 1; R. C. S., sec. 
4694; P. C., sec. 4898.) 




170 


Code of Public Instruction 


ARTICLE II—COUNTY SUPERINTENDENT OF SCHOOLS 

429. Election and oath of office. 

430. Term of office. 

431. Election. 

432. Eligibility. 

433. Shall file evidence with county auditor. 

434. Office days. 

435. Commissioners shall furnish office and supplies. 

436. Classification of counties. 

437. Salaries. 

438. Shall receive actual traveling expenses. 

439. Penalty for failure of county superintendent to report to super¬ 
intendent of public instruction. 

440. Powers and duties. 

441. He shall require reports. 

442. Approval of building plans. 

Cross-references: Election of county officers to be held biennially on the first 
Tuesday next succeeding the first Monday in November, Const., art. 6, sec. 8 ; the 
legislature to provide for election of county officers, Const., art. 11, sec. 5 ; election of 
county officers in class A counties and counties of the first class, sec. 531. 


429. Election and oath of office 

A county superintendent of schools shall be elected in each county of the 
state at each general election, whose term of office shall begin on the first Mon¬ 
day in September next succeeding his election and continue for two years 
[changed to four years by section 430] and until his successor is elected and 
qualified. He shall take the oath of office and shall give an official bond in a 
sum to be fixed by the board of county commissioners. He may appoint a 
deputy, who shall qualify in the same manner as the county superintendent, 
and perform the duties of the office, subject, however, to revision by the county 
superintendent: Provided, That in any county having more than one hundred 
school districts, the county superintendent, with the approval of the board of 
county commissioners, may appoint such clerical assistance as may be necessary 
to perform the work of his office properly. The county commissioners of each 
county shall fill any vacancy that may occur in the office of county superin¬ 
tendent until the next general election. (L. ’09, p. 280, sec. 1; R. C. S., sec. 
4767; P. C., sec. 4970.) 

Cross-reference: Elections of county officers to be held biennially on the Tuesday 
next succeeding the first Monday in November, Const., art. 6, sec. 8. 

1. Where a county superintendent of schools was elected for a term to begin on 
the second Monday in January next succeeding his election and continue for two years 
and until his successor is elected and qualified, and a change of the law during his 
term makes the term "begin on the first Monday in August next succeeding his elec¬ 
tion,” he is entitled to hold the office until the qualification of his successor for the 
term beginning in August, although thereby his term is made greater than two years, 
and the statute deferring the beginning of his successor’s term would not be in viola¬ 
tion of Const., art. 11, sec. 8, which prohibits the extension of the term of any county 
officer beyond the period for which he is elected: State ex rel. Meridith v. Tollman, 
24 Wash. 426. 

2. Although the commissioners determine the necessity of employment and the 
amount of salaries of deputies of county officers, the officer has the absolute right to 
determine the personnel of such deputies as may have been allowed: Thomas v. 
Whatcom County, 82 Wash. 113. 

3. Neither a county superintendent nor his deputy can hold the office of school 
clerk, and upon accepting the office of district clerk thereby vacates the office of super¬ 
intendent, or deputy, or vice versa. (Atty. Gen. Ops., 1901-2, p. 256.) 

4. It is not legal for a county superintendent to teach in one of the schools of his 
county. (Atty. Gen. Ops., 1917-18, p. 306.) 

5. The county board of education should function as a collective unit, and the 
county superintendent cannot call upon each individual member of the board to per¬ 
form routine clerical duties in the office of the superintendent at times when the board 
is not in session. (Atty. Gen. Ops., 1921-22, p. 291.) 

6. If the commissioners by appropriate order have determined that the county 
superintendent shall have one deputy and have fixed the salary of such deputy at fifty 
dollars a month without designating who the deputy shall be, their action is valid. 
(Atty. Gen. Ops., 1921-22, p. 291.) 

7. Under the statutes of this state the county commissioners are the only body 
having authority to authorize the county officers to employ assistants in the absence 



State of Washington 


171 


of any statutory provisions specifically authorizing such employment ( Thomas v. 
Whatcom County. 82 Wash. 113), although the county officers have the right to 
designate the personnel of such assistants. (Atty. Gen., Aug. 10, 1915.) 

8. A man is not disqualified by reason of his relationship to his wife, from acting 
as superintendent of schools in one of the districts of the county in which she is 
serving as county superintendent. (Atty. Gen., Jan. 28, 1919.) 

9. The question of the desirability of employing married women in county elective 
offices is a matter for the consideration of the individual officers and not for the county 
commissioners. (Atty. Gen., April 6, 1921.) 

430. Term of office—After 1922 

The term of office of all county and precinct officers elected on and after 
the Tuesday next following the first Monday in November 1922 shall be four 
years and until their successors are elected and qualified and except the county 
superintendent of schools shall begin on the second Monday in January follow¬ 
ing the election: Provided, That this act shall not apply to county commis¬ 
sioners. (L. T9, p. 520, sec. 1; R. C. S., sec. 4029; P. C., sec. 2347-1.) 

Cross-references: Legislature to fix terms of office of county officers, Const., art. 
11, sec. 5 ; date of election in class A counties and counties of the first class, sec. 531. 

431. Elections 

The election of such county and precinct officers shall be held on the Tuesday 
next following the first Monday in November, 1922; and every four years there¬ 
after on the Tuesday next following the first Monday in November, and all such 
elective county and precinct officers shall after the taking effect of this act be 
elected at the time herein specified: Provided, That if a vacancy occur during 
the first biennium after any such election, an election to fill such vacancy for 
the unexpired term shall be held at the next succeeding general election. (L. 
T9, p. 520, sec. 2; R. C. S., sec. 4030; P. C., sec. 2347-2.) 

Cross-reference: County commissioners to fill vacancy until the next general 

election, sec. 429. 

432. Eligibility- 

No person shall be eligible to hold the office of county superintendent of 
schools who shall not at the time of his election or appointment have taught in 
the public schools of this state two school years of nine months each, and who 
shall not at the time of such election or appointment hold a first grade or higher 
certificate. (L. ’09, p. 280, sec. 2; R. C. S., sec 4768; P. C., sec. 4971.) 

Cross-references: Scope of public school system, sec. 1 ; school year defined for 
purpose of teaching experience, sec. 246 ; certificates and diplomas classified, sec. 297. 

1. Women are eligible to hold the office of county superintendent of schools. 
Russell v. Guy till, 13 Wash. 360. 

2. For purposes of this section a five-year normal diploma is equivalent to a 
first grade certificate. (Atty. Gen. Ops., 1905-6, p. 199.) 

3. If a county superintendent when elected held a certificate sufficient under the 
law for eligibility to office, subsequent revocation of the certificate or failure to obtain 
a renewal or a new certificate upon expiration of the old, will not disqualify him 
holding office for the full term for which he was elected. (Atty. Gen. Ops., 1905-6, 
p. 337.) 

4. A secondary normal school certificate is equivalent to at least a first grade 
county certificate for purposes of this section. (Atty. Gen. Ops., 1905-6, p. 411.) 

5. The auditor would not be justified in putting the name of a nominee for 
county superintendent of schools upon the official ballot unless the nominee has com¬ 
plied with the provisions of this section. (Atty. Gen. Ops., 1905-6, p. 420.) 

6. The holder of a first grade primary certificate is not eligible to the office of 
county superintendent since the preparation necessary to entitle one to such a cer¬ 
tificate is not as extensive as is required for a first grade certificate. (Atty. Gen., 
Aug. 4, 1910.) 

7. The holder of a first grade or higher certificate who has taught eleven months 
in the state, served for eighteen months as deputy county superintendent, and for one 
year as county superintendent is qualified to act as county superintendent of schools if 
elected. (Atty. Gen., Nov. 18, 1912.) 

8. A candidate for the office of county superintendent of schools is eligible if in 
addition to being otherwise qualified he had control and supervision of the pupils of a 
district for two years. The word “taught” as used in this section is not to be con¬ 
strued as meaning that the candidate must have had personal charge of the pupils. 
(Atty. Gen., Oct. 5, 1915.) 

9. There is an inconsistency between the provisions of this section and the 
following section. If a candidate for county superintendent has taught in the schools 
of this state for one year of nine months and is the holder of a first grade certificate, 
the auditor is justified, perhaps, in placing her name upon the ballot although she will 
not have taught in the schools of this state two years of nine months each upon the 



172 


Code of Public Instruction 


date of election under sec. 433. If the matter of the qualifications of the county 
superintendent were presented to the court, it would be difficult to conjecture what the 
court would hold. (Atty. Gen., Sept. 29, 1916.) 

433. Shall file evidence with county auditor 

The county auditor shall not place the name of any person upon the official 
ballot as a candidate for the office of county superintendent of schools unless such 
person shall have filed in the office of the county auditor, at least twenty days 
before the date at which the election is to be held, proof of having taught in the 
schools of the state one school year of nine months, together with a copy of the 
certificate required by this act. (L. ’09, p. 280, sec. 3; R. C. S., sec. 4769; P. C., 
sec. 4972.) 

Note: This section does not harmonize with the preceding section. 

Cross-reference: School year defined for all matters pertaining to teaching 

experience, sec. 246. 

1. The election referred to in this section is the general election for filling the 
office and not the primary election. (Atty. Gen. Ops., 1911-12, p. 276.) 

434. Office days 

He shall keep his office open for the transaction of official business such 
days each week (at least one day each week) as the duties of the office may 
require, and shall keep posted on the door of his office a notice of said office 
days and hours of such days. (L. ’09, p. 284, sec. 6; R. C. S., sec. 4772; P. C., 
sec. 4975.) 

1. There is no legal reason why the office of the county superintendent may not 
be closed at one o’clock on Saturdays. (Atty. Gen., May 29, 1922.) 

435. Commissioners shall furnish office and supplies 

The county commissioners shall provide the county superintendent with a 
suitable office at the county seat, and all necessary blanks, books, stationery, 
postage, printing and other expenses of his office shall be paid by the county 
treasurer out of the county funds upon a sworn statement made quarterly and 
allowed by the county commissioners: Provided, That, as to the necessity for 
the printing and issuance of circulars of information pertaining to the schools 
of his county, for the use of schools, school officers and teachers, the county 
superintendent shall determine. (L. ’09, p. 284, sec. 7; R. C. S., sec. 4773; P. C., 
sec. 4976.) 

Cross-references: Superintendent of public instruction to prepare and have printed 
blanks, forms, registers, courses of study and books, sec. 6, subd. 3 ; county superin¬ 
tendent to keep records in books furnished by commissioners, sec. 440, subd. 7. 

1. The fact that county commissioners entered into a contract with the county 
superintendent for certain services and audited and allowed his claims therefor, by 
virtue of the authority of a statute which was subsequently declared unconstitutional, 
would not estop the county from disputing the validity of the warrants issued in pay¬ 
ment of such claims, since the contract would be void ab initio by reason of the original 
lack of authority upon the part of the commissioners: Chehalis County v. Hutcheson. 
21 Wash. 82. 

2. The county superintendent may act as his own purchasing agent for the 
purchasing of all necessary blanks, books, stationery, postage, printing and other 
expenses of his office, and while the county commissioners may appoint a county 
purchasing agent the intent of the school code is to allow the county superintendent 
to make such purchases. But the power could not be exercised so as to interfere with 
the laws regarding county printing or any contract entered into in pursuance thereto. 
(Atty. Gen. Ops., 1901-2, p. 304.) 

3. If a circular of information pertaining to schools of the county for use of 
school officers and teachers issued by a county superintendent is reasonable as to cost 
of printing and postage, the commissioners have no discretion in the matter of allow¬ 
ing the claim for the payment of the same. (Atty. Gen. Ops., 1901-2, p. 304.) 

436. Classification of counties 

For the purpose of regulating the compensation of county officers and for 
all other purposes herein provided for, the several counties of the state are 
hereby classified according to their population as follows: 

Counties containing a population of 210,000 or more shall belong to and be 
known as class A counties; 

Counties containing a population of 125,000 and under 210,000 shall belong 
to and be known as counties of the first class; 

Counties containing a population of 70,000 and under 125,000 shall belong to 
and be known as counties of the second class; 





State of Washington 


173 


Counties containing a population of 40,000 and under 70,000 shall belong 
to and be known as counties of the third class; 

Counties containing a population of 18,000 and under 40,000 shall belong to 
and be known as counties of the fourth class; 

Counties containing a population of 12,000 and under 18,000 shall belong 
to and be known as counties of the fifth class; 

Counties containing a population of 5,000 and under 12,000 shall belong to 
and be known as counties of the sixth class; 

Counties containing a population of 4,000 and under 5,000 shall belong to 
and be known as counties of the seventh class; 

Counties containing a population under 4,000 shall belong to and be known 
as counties of the eighth class. (L. ’19, p. 490, sec. 1; R. C. S., sec. 4200; P. C., 
sec. 1570.) 

437. Salaries 

The salaries of the county officers of class A counties, and counties of the 
first, second, third, fourth, fifth, sixth, seventh and eighth classes, as determined 
by the last preceding federal census, shall be per annum respectively as follows: 

Class A counties: Auditor, clerk, treasurer, sheriff, attorney, assessor, en¬ 
gineer, superintendent of schools, members of board of county commissioners, 
thirty-six hundred dollars ($3600.00); coroner, two thousand dollars ($2000.00). 

Counties of the first class: Auditor, clerk, treasurer, sheriff, assessor, en¬ 
gineer, superintendent of schools, members of board of county commissioners 
and attorney, three thousand dollars ($3000.00); coroner, fifteen hundred dollars 
($1500.00). 

Counties of the second class: Auditor, clerk, treasurer, sheriff, attorney, 
assessor, engineer, superintendent of schools, members of board of county com¬ 
missioners, twenty-four hundred dollars ($2400.00); coroner, twelve hundred 
dollars ($1200.00). 

Counties of the third class: Auditor, clerk, treasurer, sheriff, attorney, as¬ 
sessor, engineer, superintendent of schools, twenty-two hundred and fifty dollars 
($2250.00); members of board of county commissioners, two thousand dollars 
($2000.00); coroner, eight hundred dollars ($800.00). 

Counties of the fourth class: Auditor, clerk, treasurer, sheriff, attorney^ 
assessor, engineer, superintendent of schools, two thousand dollars ($2000.00); 
members of the board of county commissioners, fifteen hundred dollars 
($1500.00); coroner, four hundred and fifty dollars ($450.00). 

Counties of the fifth class: Auditor, clerk, treasurer, sheriff, attorney, as¬ 
sessor, engineer, superintendent of schools, eighteen hundred dollars ($1800.00); 
members of board of county commissioners, six dollars ($6.00) per day for time 
actually spent in the performance of their duties; coroner, three hundred dollars 
($300.00). 

Counties of the sixth class: Auditor, clerk, treasurer, sheriff, assessor,, 
engineer, superintendent of schools, attorney, fifteen hundred dollars ($1500.00);. 
coroner, one hundred dollars ($100.00); members of board of county commis¬ 
sioners, six dollars. ($6.00) per day for time actually spent in the performance 
of their duties. 

Counties of the seventh class: Auditor, fourteen hundred dollars ($1400.00); 
clerk, treasurer, sheriff, thirteen hundred dollars ($1300.00); attorney, assessor, 
engineer, superintendent of schools, twelve hundred dollars ($1200.00); coroner, 
one hundred dollars ($100.00); members of the board of county commissioners, 
six dollars ($6.00) per day for the time actually spent in the performance of 
their duties. 

Counties of the eighth class: Auditor, treasurer, twelve hundred dollars 
($1200.00); sheriff, one thousand dollars ($1000.00); clerk, attorney, superin¬ 
tendent of schools, nine hundred dollars ($900.00); coroner, sixty dollars 
($60.00); assessor, engineer, members of board of county commissioners, six 
dollars ($6.00) per day for time actually spent in the performance of their 
duties. 

All county officers shall be entitled to their necessary traveling expenses 
in the performance of their official duties, bills therefor to be audited by the 
county commissioners. (L. ’19, p. 491, sec. 2; R. C. S., sec. 4201; P. C., sec. 
1570a.) 






174 


Code of Public Instruction 


Cross-references: Legislature may classify counties by population for compensa¬ 
tion of officers, Const., art. 11, sec. 5 ; deduction from salary of county superintendent, 
sec. 439. 

1. Under Const., art. 11, sec. S, providing that the legislature shall fix the com¬ 
pensation by salaries of all county officers, excepting certain enumerated ones, the 
provision contained in Laws 1890, p. 361, sec. 17, providing that the county superin¬ 
tendent shall receive compensation at the rate of three dollars for each school visited 
is invalid: Cox v. Holmes, 14 Wash. 255. 

2. For case upholding constitutionality of a prior statute compensating county 
superintendents on a mileage basis dependent upon classification of counties, see Henry 
v. Thurston County, 31 Wash. 638. 

3. Const., art. 11, sec. 5, empowers the legislature to classify counties by popu¬ 
lation for the purpose of regulating the compensation of officers, and the legislature 
having provided by Laws of 1905, p. 42, that counties of the first class, as determined by 
the “last preceding federal census,” shall receive certain salaries, the county com¬ 
missioners have no power to determine the population and fix the status of a county 
as one of the first class: James v. McMillian, 113 Wash. 644. 

4. Under Laws ’05, p. 42, all counties of more than 80,000 population auto¬ 
matically fall into their proper classification by reference to the last preceding federal 
census. County commissioners having determined, without power to do so, that a 
county has sufficient population to raise it to a county of the first class, the finding 
will be sustained as fixing its status as a county of the second class, that being the 
highest class within the authority of the commissioners to fix: Id. But this rule 
would not hold under the present law which takes away from the commissioners the 
power to determine the population for purposes of classifying the county. 

438. Shall receive actual traveling expenses 

For all actual and necessary travel in the performance of tlieir official 
duties and in attendance on the convention of county superintendents, called 
by the superintendent of public instruction, county superintendents shall be 
allowed actual traveling expenses. (L. ’09, p. 285, sec. 8; R. C. S., sec. 4774; 
P. C., sec. 4977.) 

Cross-references: Annual convention of county superintendents, sec. 6, subd. 8; 
county superintendent to visit schools of county, sec. 440, subd. 2. 

1. A county official is not entitled to pay for the use of his own horse or con¬ 
veyance as part of his necessary traveling expenses. (Atty. Gen. Ops., 1911-12, p. 24.) 

439. Penalty for failure of county superintendent to report to superin¬ 

tendent of public instruction 

If any county superintendent fails to make a full and correct report to the 
superintendent of public instruction of all statements required by him or if he 
shall fail to file with the superintendent of public instruction a full and correct 
annual report within ten days after the time prescribed by law for filing said 
report, he shall forfeit the sum of fifty dollars from his salary, and the board 
of county commissioners are hereby authorized and required to deduct therefrom 
the sum aforesaid upon information from the superintendent of public instruc¬ 
tion that such reports have not been made. (L. ’09, p. 357, sec. 2; R. C. S., sec. 
5044; P. C., sec. 5191.) 

Cross-references: Salaries of county superintendents, sec. 437; July warrant of 
retiring county superintendent to be withheld until state superintendent certifies that 
.annual report has been made in satisfactory manner, sec. 440, subd. 11. 

440. Powers and duties 

Each county superintendent shall have the power and it shall be his duty— 

First. To exercise a careful supervision over the common schools of his 
county, and to see that all the provisions of the common school laws are ob¬ 
served and followed by the teachers, supervisors and school officers. 

Second. To visit the schools in his county, counsel with directors and 
teachers, and assist in every possible way to advance the educational interests 
of his county. 

Third. To distribute promptly all reports, laws, forms, circulars, and in¬ 
structions which he may receive for the use of the schools and the teachers, and 
to execute the instructions and decisions of the superintendent of public in¬ 
struction, as provided by law. 

Fourth. To enforce the outline course of study adopted by the state board 
of education, or the course of study adopted by any other lawful authority, and 
to enforce the rules and regulations required in the examination of teachers. 




State of Washington 


175 


440. Powers and duties—Continued. 

Fifth. He shall prepare an outline course of study for the books adopted in 
districts of the third class when the needs of the county demand: Provided , 
That said outline course of study shall he in harmony with the course adopted 
by the state board of education of this state. 

Sixth. To keep on file and preserve in his office the biennial reports of the 
superintendent of public instruction and of the county superintendent of his 
county. 

Seventh. To keep in good and well-bound books, to be furnished by the 
county commissioners, records of his official acts. 

Eighth. To preserve carefully all reports of school officers and teachers, 
'and at the close of his term of office to deliver to his successor all records, 
books, documents and papers belonging to the office, taking a receipt for the 
same, which shall be filed in the office of the county auditor. 

Ninth. To administer oaths and affirmations to school directors, teachers 
and other persons, on all official matters connected with or relating to schools, 
but he shall not make or collect any charge or fee for so doing. 

Tenth. To keep in a suitable book an official record of all persons under 
contract to teach in the schools of his county showing the number of the school 
district, the date of the contract, the names of the contracting parties, and the 
date of the expiration of the teacher’s certificate and the grade thereof, the 
salary paid, and the date of commencing school, with the length of term in 
weeks, which data shall be immediately reported to the county auditor. 

Eleventh. To make an annual report to the superintendent of public in¬ 
struction on the first day of August of each year, for the school year ending 
June 30, next preceding. The report shall contain an abstract of the reports 
made to him by the district clerks, and such other matters as the superintendent 
of public instruction shall direct. And it shall be the duty of the county com¬ 
missioners and county auditor in every county wherein the county superin¬ 
tendent is about to retire from office to withhold the warrant of his salary for 
the month of July until they shall have received a certificate from the superin¬ 
tendent of public instruction that the annual report of such county superin¬ 
tendent has been made in a satisfactory manner; and it shall be the duty of the 
superintendent of public instruction to transmit such certificate to the auditor 
immediately upon receiving such satisfactory report. 

Twelfth. To keep in his office a full and correct transcript of the boundaries' 
of each school district in the county, including joint districts. In case the 
boundaries of said districts are conflicting or incorrectly described, he shall 
change, harmonize and describe them, and at their next regular meeting he 
shall certify his action to the county commissioners of his county, and shall 
file with them a complete transcript of the boundaries of all school districts 
affected by his action, which shall be entered upon the journal of said board 
and become a part of their records. The county superintendent shall, on re¬ 
quest, furnish the district clerks with descriptions of the boundaries of their 
respective districts. 

Thirteenth. To appoint school district officers in districts of the second 
and of the third class, to fill vacancies caused by death, resignation, failure to 
hold election, failure to qualify before the day for taking office, and absence 
from the district for a period of ninety days or failure to attend four consecu¬ 
tive meetings of the board without a reasonable excuse; to appoint school officers 
for any new districts: Provided, That when any new district is organized, such 
of the school officers of the old district as reside within the limits of the new 
one shall be such school officers of the new one, and the vacancies in the old 
district shall be filled by appointment. 

Fourteenth. To apportion school funds as provided in chapter 5, title III, 
of this act [secs. 763 to 775, inclusive]. 

Fifteenth. To grant such temporary certificates and to conduct such ex¬ 
amination of teachers and make such records thereof as may be prescribed by 
law: Provided , That he shall give ten days’ notice of such examination by pub- 



176 


Code of Public Instruction 


440. Powers and duties—Continued. 

lication in some newspaper of general circulation published in his county, or if 
there be no newspaper, then by posting up handbills, of otherwise. 

Sixteenth. To hold teachers’ institutes according to law, and to conduct 
such other meetings of the teachers of his county as may be for the best interests 
of the schools. 

Seventeenth. To hold each year, if he deem it advisable, one or more di- 
rectors’ meetings, the expense of which shall be audited and paid by the county 
commissioners: Provided , That such expense shall not exceed the sum of one 
hundred dollars in any one year. 

Eighteenth. To suspend any teacher who may be teaching in his county, 
against whom he files charges, and in case if [of] such suspension he shall imme¬ 
diately notify the superintendent of public instruction of his action, and shall 
clearly and fully state his reasons for said action. 

Nineteenth. To furnish registers and clerks’ record books to all districts 
of his county upon a requisition from the school district clerk, and he shall 
receive pay for such books by warrants drawn against the said school district 
by the county auditor. At the end of each quarter of the fiscal year he shall 
turn over to the treasurer of his county all moneys derived from the sale of 
such books, together with a detailed statement of the sources from which said 
funds were derived. He shall also at the same time send a copy of said state¬ 
ment to the superintendent of public instruction. 

Twentieth. To forthwith enforce the provisions of section 442 of this code, 
and to notify the superintendent of public instruction whenever any school 
board of such county shall fail to comply with the provisions required. (L. ’09, 
p. 281, sec. 4; R. C. S., sec. 4770; P. C., sec. 4973.) 

Cross-reference: Legislature by general and uniform laws to prescribe the duties 
of county officers, Const., art. 11, sec. 5. 

Notes on subdivision 1 

Cross-references: Supervisory powers of superintendent of public instruction, 

sec. 6, subd. 1; common schools defined, sec. 243 ; duty of county superintendent to 
make annual examination of records of districts of the first class, sec. 659. 

1. The county superintendent of schools might institute proceedings to prevent 
the misapplication of district funds by payment of warrants out of moneys not.ap¬ 
plicable to such payment, but any citizen and taxpayer of the district would no doubt 
be a proper party to maintain such suit. (Atty. Gen. Ops., 1903-4, p. 171.) 

2. The county superintendent has legal capacity to maintain an action to restrain 
payment of warrants issued in violation of the provisions of sec. 584, forbidding 
pecuniary interest of directors in contracts of the district. (Atty. Gen. Ops., 1911-12, 
p. 284.) 

3. The general power of supervision conferred upon the county superintendent is 
not broad enough to confer power to condemn a school building which in his or her 
opinion is inadequate to meet the needs of the school district, nor is such power 
granted by any other provision of the statutes. (Atty. Gen. Ops., 1915-16, p. 345.) 

4. The question of what constitutes “adequate provision” for the education of 
school children is committed to the board of the district and neither the county super¬ 
intendent nor the courts are vested with power to control the action of the directors 
jn this matter. (Atty. Gen., Nov. 25, 1914.) 

5. In an action to enforce the compulsory attendance law in third class districts, 
the county superintendent of schools is the proper person to make the complaint. (Supt. 
Pub. Instr., Feb. 26, 1916.) 

Notes on subdivision 2 

Cross-reference: Traveling expenses of county superintendent, sec. 438. 

6. Under art. 11, sec. 8, of the constitution, providing that the legislature shall 
fix the compensation by salaries of all county officers, except certain enumerated ones, 
the provision contained in Laws 1890, p. 361, sec. 17, providing that the county super¬ 
intendent shall receive compensation at the rate of three dollars for each school visited 
is invalid: Cox v. Holmes, 14 Wash. 255. 

7. It is not one of the duties of the county superintendent of schools to visit 
Indian schools. (Atty. Gen. Ops., 1907-8, p. 12.) 

Notes on subdivision 3 

Cross-references: Superintendent of public instruction to distribute blanks, forms, 
registers, courses of study, rules and regulations, examination questions and books to 
county superintendents, sec. 6, subd. 3 ; superintendent of public instruction to publish 
school laws and distribute to county superintendents, sec. 6, subd. 6 ; decisions of the 
superintendent of public instruction, sec. 6, subd. 14 ; penalty for failure of county 
superintendent to make statements required by superintendent of public instruction, 
sec. 439. 





State of Washington 


177 


440. Powers and duties—Continued. 

Notes on subdivision 4 

Cross-references: State board to prescribe outline course of study, sec. 17, subd. 7; 
state board to detennine rules and regulations for conducting teachers’ examinations, 
sec. 17, subd. 8 ; courses of study in physical education, sec. 22 ; in American history 
and government, sec. 262 ; county superintendent to hold teachers’ examination in 
accordance with rules and regulations of state board, sec. 303 ; adoption of courses of 
study for school districts of the first division, sec. 405 ; for districts of the second 
division, sec. 406 ; penalty for failure of district to comply with course of study, sec. 
425 ; directors to enforce course of study lawfully prescribed, sec. 582, subd. 2. 

8. Where the course of study prescribed by the state board of education requires 
the use of certain textbooks in specified grades, a regulation of a school district that 
the pupils in such grades shall use such books until they become “proficient therein” is 
a sufficient compliance with the state course of study: Rand, McNally dt Co. v. Royal, 
36 Wash. 420. 

9. The fact that the publisher of textbooks under contract with the state board 
of education to supply all the books required by the public schools of the state under 
provisions of the former statute, fails to have its bond to the state duly approved, 
would not excuse a school district board for failing to enforce the course of study 
prescribed by the state board: Id. 

Notes on subdivision 5 

Cross-references: State board to prescribe course of study, sec. 17, subd. 7 ; 
course of study for school districts of the second division, sec. 406 ; county board of 
education to assist county superintendent in preparation of course, sec. 461, subd. 3; 
directors to enforce course of study lawfully prescribed, sec. 582, subd. 2. 

Notes on subdivision 6 

Cross-references: Biennial report of superintendent of public instruction, sec. 6, 
subd. 2 ; annual report of county superintendent, sec. 440, subd. 11. 

Notes on subdivision 7 

Cross-references: Office supplies of county superintendent, sec. 435. 

Notes on subdivision 8 

Cross-references: Penalty for failure of school officer to deliver books, papers 
and records to his successor, sec. 424. 

Notes on subdivision 9 

Cross-references: County superintendents authorized to administer oaths for ap¬ 
plications for state custodial school, sec. 228; application for membership in state 
retirement fund to be verified under oath by the applicant, sec. 329 ; application for 
membership in local retirement fund to be verified under oath by the applicant, sec. 
687 ; members of textbook commission to take oath of office, sec. 403 ; county superin¬ 
tendent may administer oaths at the hearing of an appeal, *sec. 414; county superin¬ 
tendent to require oath of office of all district officers to be filed in his office, secs. 441, 
579 ; judges and clerks of school elections to take oath of office, sec. 523 ; district 
officers may administer oaths, sec. 579; oath of office of school officers to be filed with 
county superintendent, sec. 579 ; oath of office of directors of districts of the first class, 
sec. 648 ; of districts of the second class, sec. 724 ; of districts of the third class, 
sec. 737. 

Notes on subdivision 10 

Cross-references: Approval of teachers’ contracts by county superintendent, sec. 
70, subd. 1 ; refusal of county superintendent to register certificate when the applicant 
is not a person of good moral character and personal fitness, sec. 259 ; teacher to hold 
certificate valid for the full contract period, sec. 310; warrants withheld until the 
contract has been filed with the county superintendent, sec. 849. 

10. The maintenance of a school for a period of eight months is not such a 
necessity as to render valid a teacher’s contract therefor when the indebtedness in¬ 
curred exceeds the limit authorized by law: Wolfe v. School District No. 2. 58 
Wash. 212. 

11. The duty of the county superintendent of schools in approving a contract, 
within the meaning of sec. 582, subd. 1, and sec. 440, subd. 10, is merely to approve 
the form of contract, which would include passing upon such questions as to whether 
the contract is for a greater length of time than that prescribed by law, whether the 
teacher has a certificate to teach, etc. (Atty. Gen. Ops., 1913-14, p. 149.) 

12. A county superintendent has no authority to refuse to approve a contract 
entered into between a school district and a teacher on the ground that the teacher 
is guilty of conduct which could be made the basis for revocation of certificate. (Atty. 
Gen. Ops., 1913-14, p. 149.) For power to refuse to register a certificate see sec. 295, 
post; for power to bring revocation proceedings, see sec. 307, post. 

13. A teacher’s contract signed by only one member of the board should be 
returned to the board by the county superintendent when submitted to her for approval, 
with a request that the other two board members sign it. (Supt. Pub. Instr., Nov. 
8, 1919.) 

14. A board of directors has power to depart from the regular form provided for 
school contracts. As a general rule we do not approve of such departures, and feel 
that they should be avoided when they involve any material change. The county 





178 


Code of Public Instruction 


440. Powers and duties— Continued. 

superintendent’s power of approval is only a ministerial function and does not carry 
with it the power to disapprove a contract on the ground that it contains inadvisable 
provisions. (Supt. Pub. Instr., Aug. 17, 1920.) 

15. School directors should demand the health certificate from the teacher as 
required by the rules of the state director of health when the contract is entered into. 
Consequently the county superintendent would be within his rights in withholding his 
approval of the contract if the teacher fails to submit his certificate. (Supt. Pub. 
Instr., June 23, 1922.) For rules relating to health certificates, see appendix B. 

Notes on subdivision 11 

Cross-references: Clerks to report deaf, blind and mute youth to county superin¬ 
tendent, sec. 213 ; also defectives, sec. 230 ; report of clerks of high school districts, 
sec. 254 ; report of clerks concerning compulsory school law, sec. 361 ; penalty for 
failure of county superintendent to make annual report, sec. 439 ; county superin¬ 
tendent to file annual reports, sec. 440, subd. 6 ; clerk to report final payment of 
indebtedness of territory of district annexed to incorporated city districts, sec. 480 ; 
and of component of consolidated district, sec. 489 ; county superintendent to report, 
at time of making his annual report, cases where boundaries of consolidated districts 
become coextensive with boundaries prior to consolidation, sec. 487 ; reports of joint 
districts, sec. 513 ; annual report of clerk to county superintendent, sec. 587, subd. 4 ; 
clerk to report name of teacher and proposed length of term, sec. 587, subd. 7 ; annual 
report to be basis of state superintendent’s calculations for purposes of apportionment, 
sec. 764. 

16. The duties of the superintendent of public instruction under sec. 764 are not 
merely ministerial, but he may modify or change the annual report of the bounty 
superintendent of schools, if erroneous, in view of the broad supervisory power con¬ 
ferred by sec. 6, subd. 1: State ex rel. School District No. SOI v. Preston. 

17. County superintendents shall furnish to the superintendent of public instruc¬ 
tion all information specifically required by law, and such other information as the 
superintendent of public instruction may desire in the administration of his office such 
information to be of such character as the county superintendent possesses or as he 
can reasonably obtain. For a persistent refusal to furnish such information, he may 
be removed from his office. In turn, school district clerks shall furnish to the county 
superintendent all information required by law, and for a persistent refusal to do so 
they may be removed from office. (Atty. Gen. Ops., 1899-00, p. 82.) 

18. The annual reports of county superintendents are the only proper basis of 
apportionment of public moneys by the state superintendent of public instruction. 
(Atty. Gen. Ops., 1901-2, p. 78.) 

19. When the county superintendent through negligence has failed to file his 
report within the time required by law, the superintendent of public instruction cannot 
be required to make apportionment to such county, but it is optional with him to 
relieve the county from negligence of a county superintendent and restore what was 
lost after the report has been made. (Atty. Gen. Ops., 1901-2, p. 417.) 

20. A consolidated district which has not received the bonus provided for in 
sec. 488 because the basis for such apportionment was not reported by the proper 
officers to the superintendent of public instruction cannot now make a claim for such 
apportionment since the facts shown by the county superintendent’s report constitute 
the basis of apportionment and the amount of the apportionment is based on the 
certificate of the state auditor as to the amount of current state school funds on 
hand. (Atty. Gen., Aug. 11, 1922.) 

Notes on subdivision 12 

Cross-references: County auditor to certify action of county superintendent in 
altering boundaries to county assessor, sec. 466 ; transcripts of joint district boundaries, 
sec. 509. 


Notes on subdivision 13 


Cross-references: Appointment of directors void when new district fails to hold 
school for the required term, sec. 469 ; all directors of component districts of con¬ 
solidated district to constitute board until election, sec. 484 ; new board of consolidated 
district to elect clerk, sec. 485 ; directors of city district to constitute board of con¬ 
solidated district, sec. 486 ; directors or chairmen to constitute board of union high 
school district and to elect president and clerk, sec. 493 ; county superintendents to 
appoint directors for new joint district, sec. 505 ; method of filling vacancies in joint 
district boards, sec. 507 ; county superintendent to fill vacancy in case of undecided 
tie vote, sec. 527 ; general provisions as to when offices become vacant, sec. 580 ; 
method of filling vacancy in districts of the second class, sec. 723 ; of the third class, 
sec. 736. 

21. The county superintendent has authority to accept the resignation of a 
school director. (Atty. Gen. Ops., 1903-4, p. 330.) 

22. Where but one vacancy exists in a board of directors of a school district of 
the second class the county superintendent and both remaining members of the board 
must concur in order to make the appointment. (Atty. Gen. Ops., 1913-14, p. 436.) 

23. Absence of a director from the district for more than ninety days, although 
caused by enlistment in the military service of the United States, vacates the office, 
and it is the duty of the county superintendent to fill the vacancy. (Atty. Gen., Mar. 
27, 1919.) 


24. The office is not vacated ipso facto by failure of a director to attend four 
consecutive meetings of the board without reasonable excuse ; and until such time as 
the county superintendent declares the vacancy to exist by appointment of a new 
director, the old director still retains his office. (Atty. Gen., June 4, 1919.) 





State of Washington 


179 


440. Powers and duties—Continued. 

25. It is not necessary, in order to validate the resignation of a school director, to 
have such resignation acted upon at a meeting of the board of directors. (Supt. Pub. 
Instr., May 1, 1915.) 

26. It is necessary for directors to qualify according to law, whether they are 
appointed by the county superintendent or elected at the annual school election. 
(Supt. Pub. Instr., May 20, 1920.) 

Notes on subdivision 15 

Cross-references: State board to grant temporary certificates, sec. 299 ; teachers’ 
examinations, secs. 391 and 392. 

27. Under former statute providing for county examinations for teachers’ cer¬ 
tificates, it was held that mandamus would not lie to compel the board of examiners 
to issue a certificate to an applicant entitled thereto, since the provision for an appeal 
to the superintendent of public instruction provides ample remedy: State ex rel. 
Gannon v. Hitt, 13 Wash. 547. 

28. A temporary certificate to teach granted by the county superintendent of 
schools cannot be collaterally attacked in an action brought by a teacher against a 
school district for breach of contract of employment to teach its school, when there is 
no allegation of fraud or collusion in obtaining the certificate: Kimball v. School 
District, 23 Wash. 520. 

29. A letter from the county superintendent stating that a teacher’s papers are 
sufficient to entitle him to a certificate and that one will be issued on application as 
provided by statute, is not the equivalent of a certificate, and an action for wages will 
not lie where at the time of making the contract and entering upon the service no 
certificate had been obtained: Kester v. School District No. 8k of Walla Walla County, 
4 8 Wash. 486. 

Notes on subdivision 1G 

Cross-references: Teachers’ institutes, sec. 441 et seq. 

30. The county superintendent is not authorized by statute to conduct a lunch¬ 
room for convenience of persons in attendance at an institute: Smith v. Seattle 
School District No. 1, 112 Wash. 64. 

31. In a suit against a county for injuries suffered by a twelve-year-old boy, 
caused by the dangerous condition of an elevator, used by him during a teachers’ 
institute in charge of the county superintendent, the county is not liable for negligence 
of the county superintendent as the relation of principal and agent does not exist since 
the county superintendent is a public officer whose duties are prescribed by statute 
and he is not an agent of the county in holding the institute: Id, 

Notes ou subdivision 17 

Cross-reference: Expenses of directors in going to and from directors’ meetings, 
sec. 584. 

32. Money provided for under subd. 17 of this section to defray the expense of 
directors’ meetings may not be used to pay for transportation of the directors or for 
lunches for them. (Supt. Pub. Instr., Mar. 14, 1917.) 

Notes on subdivision 18 

Cross-reference: Complaint by county superintendent for revocation of teacher’s 
certificate, sec. 307. 

Notes on subdivision 10 

Cross-references: Register to be prepared and printed by superintendent of public 
instruction, sec. 6, subd. 3; district clerk to,supply teacher with register furnished by 
county superintendent, sec. 587, subd. 7 ; fiscal year for school districts defined, sec. 837. 

33. Registers and clerks’ record books must be furnished without demanding 
cash in advance, as this subdivision provides a way of collecting from the district for 
the same. (Supt. Pub. Instr., Sept. 28, 1915.) 

Notes on subdivision 20 

Cross-references: Approval of building plans required for districts of the third 
class, secs. 442 and 744. 

34 The county school superintendent has no authority to refuse approval of 
plans and specifications for the reason that the site upon which the building or build¬ 
ings are to be constructed does not meet with his approval. (Atty. Gen., 1907-8, 
p. 521.) 

441. He shall require reports 

The county superintendent shall require all reports of school district officers, 
teachers and others to be made promptly as required by law. He shall see that 
the teacher’s register is kept in accordance with law and the instructions of the 
superintendent of public instruction, and that the records of the school district 
clerks are properly kept. He shall require the oath of office of all school district 
officers to be filed in his office, and shall furnish a directory of all such officers 
to the county treasurer, upon blanks furnished by the superintendent of public 




180 


Code of Public Instruction 


instruction, as soon as the election or appointment of such officers is determined 
and their oaths placed on file. (L. ’09, p. 284, sec. 5; R. C. S., sec. 4771; P. C., 
sec. 4974.) 

Cross-references: State superintendent to distribute blanks to county superin¬ 
tendents sec 6, subd. 3 ; teacher required to keep register, sec. 317 ; oath of office of 
members of textbook commissions, sec. 403 ; county superintendent may administer 
oaths sec 440, subd. 9 ; teachers in union high school districts to make reports and 
records as required of other teachers, sec. 496 ; oaths of officers of joint districts, sec. 
506- reports of joint district officers, sec. 513; oaths of election officials, sec. 523; 
oaths of office of directors to be attached to certificates of election, sec. 527 ; oaths of 
directors of districts of the first class, sec. 648; of the second class, sec. 724; of the 
third class, sec. 737 ; oath of secretary of district of the first class, sec. 653 ; duty of 
county superintendent to make annual examination of records of districts of the first 
class sec 659 ; annual report of secretary of first class district to county superintend¬ 
ent sec. 662 ; final warrant of teacher in district of the third class withheld until 
county superintendent gives notice that final report has been made, sec. 851. 

1. The county superintendent of schools has the right to call for a quarterly 
report, or any other report, from districts of the second class. (Supt. Pub. Instr., 
Jan. 15, 1915.) 

442. County superintendent shall approve plans 

Whenever any board of directors of school districts of the third class shall 
be authorized, by the electors of their district, to erect a school building, it shall 
be the duty of such board, before entering into any contract for the erection 
of any buildings, to obtain the approval of the county superintendent of the 
county in which the building is to be erected, of the plans and specifications for 
the building to be erected, said superintendent to give special attention to the 
provisions made therein for heating, lighting and ventilation. (L. ’19, p. 212, 
sec. 7; R. C. S., sec. 4789; P. C., sec. 4991.) 

Cross-references: Doors of school buildings to swing outward, sec. 28; duties of 
county superintendent in enforcement of this provision, sec. 440, subd. 20 ; directors to 
cause all schoolhouses to be properly heated, lighted and ventilated, sec. 582, subd. 4 ; 
approval of supervisors to be obtained when buildings are to be used for community 
purposes, sec. 640; erection of schoolhouses in districts of the third class must be 
authorized by vote of the district, sec. 746; section containing provisions similar to 
those of sec. 442, sec. 747. 

1. Directors of a school district of the third class are not authorized to build 
school buildings except by authorization from the electors of their district: Stimson 
Timber Co. v. Mason County, 97 Wash. 205. 

2. Where a majority vote has been cast in favor of issuing bonds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a schoolhouse with the proceeds of a special levy: Id. 

3. A vote of the district authorizing levy of a tax for “school purposes” is insuf¬ 
ficient to authorize the directors to erect a school building when the notices of election 
fail to show what, if any, building or buildings would be built: Randall v. School 
District No. 119 Wash. 222. 

4. A county school superintendent has no authority to refuse approval of plans 
and specifications for the reason that the site upon which a school building or buildings 
are to be constructed does not meet with his approval. (Atty. Gen. Ops., 1907-8, 
p. 521.) 

5. The general power of supervision conferred upon the county superintendent 
is not broad enough to confer power to condemn a school building which in his or her 
opinion is inadequate to meet the needs of the school district, nor is such power 
granted by any other provision of the statute. (Atty. Gen. Ops., 1915-16, p. 345.) 

6. Where buildings are to be used for school purposes only, approval as provided 
for in this section is required and approval of the board of supervisors as provided for 
in sec. 640 for buildings to be used for community purposes is unnecessary. (Atty. 
Gen. Ops., 1921-22, p. 199.) 

7. A contract for the construction of a schoolhouse is void when let upon plans 
and specifications not approved by the county superintendent and construction which 
has already been commenced should be stopped until the approval of the superintendent 
is secured. (Atty. Gen. Ops., Jan. 16, 1923.) 

8. This section requires approval of the plans and specifications by the county 
superintendent of schools, but other matters relating to the terms of contracts and the 
manner in which they shall be let are left entirely to the directors. (Atty. Gen , 
Sept. 10, 1914.) 

9. This section does not prohibit the construction of school buildings by day 
labor by districts of the third class, but merely requires the approval of the plans by 
the county superintendent before the directors enter into any contract in connection 
with the erection of school buildings by third class districts, whether they be contracts 
for day labor, material, construction or the like. (Atty. Gen., June 16, 1916.) 

10. Before entering into a contract for construction of a building to replace a 
building destroyed by fire, it is necessary for the directors of a school district of the 
third class to secure the approval of the county superintendent qf the plans and 






State of Washington 


181 


specifications for the building to be erected, although the plans to be used are the 
same as those used in the construction of the building destroyed. (Atty. Gen., Oct. 
27, 1916.) 

11. There is no statute prescribing the number of cubic inches of air space 
allotted to each pupil in the public schools. (Supt. Pub. Instr., Mar. 1, 1915.) 

12. The county health officer can condemn school buildings that are poorly 
lighted, although this is largely a matter of discretion. (Supt. Pub. Instr., Mar. 8. 
1916.) 


ARTICLE III—INSTITUTES 

443. County superintendent to hold, when. 

444. Time of holding institute. 

445. Joint institutes may be held. 

446. Superintendents of certain cities may hold institutes. 

447. Teachers must attend institutes. 

448. Credit for attendance. 

449. For failure to attend an institute. 

450. Examination fees. 

451. Superintendent shall make an estimate of expenses. 

452. Superintendent to keep vouchers and make report. 

Cross-references: Duties of normal school presidents with reference to institutes, 
sec. 53 ; substitution of normal extension work for institute work, sec. 164. 

443. County superintendent to hold, when 

Whenever the number of school districts in any county is twenty-five or 
more, the county superintendent must arrange for holding a teachers’ institute 
for at least three days in any manner which he believes will be of the greatest 
benefit to his teachers. (L. T9, p. 215, sec. 10; R. C. S., sec. 4884; P. C., sec. 
5079.) 

1. In a suit against a county for injuries suffered by a twelve-year-old boy. 
caused by the dangerous condition of an elevator, used by him during a teachers’ 
institute in charge of the county superintendent, the county is not liable for negligence 
of the county superintendent as the relation of principal and agent does not exist 
since the county superintendent is a public officer whose duties are prescribed by 
statute and he is not an agent of the county in holding the institute: Smith v. Seattle 
School District No. 1, 112 Wash. 64. 

2. A school district is not liable for injury suffered by a twelve-year-old boy 
through the dangerous condition of an elevator used by him while employed by the 
manager of a lunchroom in a high school building during the holding of a teachers’ 
institute in charge of the county superintendent, since the superintendent was mere 
licensee under sec. 582, granting permission to use the schoolroom for certain public 
gatherings ; and the boy being an employee of the licensee, was entitled to no greater 
rights in respect to the condition of the elevator: Id. 

3. The county superintendent of schools has the final determination as to whether 
or not the teachers of the county may use a part of the institute days to attend the 
state teachers’ association meetings. Neither the superintendent of public instruction 
nor the state board of education has any right to interfere in this matter. (Supt. 
Pub. Instr., Oct. 23, 1915.) 

4. Attendance of teachers at a county fair to witness a club work demonstration 
may be counted as institute attendance if the county superintendent so directs and 
requires attendance as at other sessions of the institute. (Supt. Pub. Instr., July 

18, 1919.) 

5. There is no objection in law to holding institute in two three-day sections for 
city and rural teachers respectively. (Supt. Pub. Instr., July 19, 1920.) 

444. Time of holding institute 

Each county superintendent shall determine the time for holding the 
teachers’ institute. (L. ’09, Ex. Ses., p. 52, sec. 1; R. C. S., sec 4888; P C., sec. 
5083.) 

1. The county superintendent is not authorized by statute to conduct a lunch¬ 
room for convenience of persons in attendance at an institute: Smith v. Seattle School 
District No. 1, 112 Wash. 64. 

2. An institute may be held either during the time when school is in session or 
when it is not in session. (Atty. Gen. Ops., 1890-91, p. 13.) 

3. A county superintendent who has held an instiUite in the spring which 
exhausted the institute fund may omit holding an institute in the following school 
year and hold the next institute in the fall of the following calendar year. The law 
does not require that institutes shall be held during the school year and the question 
of when an institute shall be held is determinable by the county superintendent at 
least to the extent that he may change the time from the spring to the fall. (Atty. 
Gen., Nov. 21, 1922.) 





182 


Code of Public Instruction 


4. Each session of institute must have a minimum length of one hour. A session 
held from eight o’clock in the morning to one o’clock in the afternoon, if construed as 
being an afternoon session from twelve to one, constitutes a day’s session. But any 
attendance in the forenoon could not be construed as attendance in the afternoon. 
(Supt. Pub. Instr., Oct. 11, 1919.) 

445. Joint institutes may be held 

County superintendents of contiguous counties may by mutual arrange¬ 
ments hold a joint institute, the expenses to be shared in proportion to the 
departments (rooms) maintained in the counties as shown by the county super¬ 
intendent’s last annual report. CL. ’09, p. 315, sec. 2; R. C. S., sec. 4885; P. C., 
sec. 5080.) 

446. Superintendents of certain cities may hold institutes 

In districts employing more than one hundred teachers, the city superin¬ 
tendent may, in his discretion, hold a teachers’ institute of two, three, four of 
[or] five days in such district, said institute when so held by the city superin¬ 
tendent to be in all respects governed by the provisions of this code relating to 
teachers’ institutes held by county superintendents. (L. ’09, p. 315, sec. 4; R. C. 
S., sec. 4887; P. C., sec. 5082.) 

447. Teachers must attend institutes 

Every teacher holding a valid certificate, and employed in a public school in 
a county where an institute is held, must attend such institute during its whole 
time. (L. ’09, p. 315, sec. 3; R. C. S., sec. 4886; P. C., sec. 5081.) 

1. In case a teacher is not employed it is not necessary to attend the county 

institute. A school district is only entitled to credit for the attendance of teachers 

at the county institute employed at the time of such institute, and should the district 

at a later date employ another teacher who had attended the institute while not in 
the employ of the district, the directors of such district would not have any power to 
reimburse the teacher for attendance, at the county institute. (Atty. Gen. Ops., 
1911-12, p. 153.) 

2. Adoption of extension work in a county in accordance with provisions of 
sec. 164 terminates the teachers’ institute provided for in secs. 443-453 and normal 
extension work when adopted as a substitute for institute work should be construed 
as compulsory with respect to those teachers who are required to take institute work 
under sec. 447. (Atty. Gen.. Apr. 10, 1917.) 

3. There is no provision in the statute which authorizes a county superintendent 
to collect a fee for the attendance of teachers at a summer school held in the county 
jointly by the county superintendent and the extension department of the normal 
school. (Atty. Gen., Apr. 10, 1917.) 

4. A county institute fund cannot lawfully be expended in paying the trans¬ 
portation of teachers of the county to an institute in another county, it appearing that 
such institute is not a joint institute. (Atty. Gen., Aug. 4, 1920.) 

5. The only time when the county superintendent of schools can compel the 
teachers of his county to attend institute in another county is in the case of a joint 
institute. (Supt. Pub. Instr.. Feb. 19, 1914.) 

6. Attendance at canning and other club demonstrations under the direction of 
the county club leader at a county fair may be counted as institute attendance if the 
county superintendent of schools so directs. In such a case the teachers are dismissed 
only for the purpose of attending the fair and watching the club work demonstration, 
and their attendance is as necessary there as at the other sessions of the institute. 
(Supt. Pub. Instr., July 18, 1919.) 

7. A county superintendent cannot lawfully require a teacher to attend institute 
in a county not contiguous. In case a teacher goes voluntarily to such an institute 
there is no objection to granting credit. For teachers who refuse to go, some other 
provision should be made, of which they should be required to avail themselves. 
(Supt. Pub. Instr., Mar. 24, 1921.) 

8. Sec. 447 is mandatory as to the teacher attending the institute which is being 
held in the county in which that teacher is employed. Consequently, the teacher has 
no discretion to determine whether or not she will attend the institute or some educa¬ 
tional meeting as a substitute. (Supt. Pub. Instr., Oct. 5, 1922.) 

448. Pay of teachers shall not be diminished 

When the institute is held during the time when a teacher is employed in 
teaching, his pay shall not be diminished by reason of his attendance, when 
certified to by the county superintendent, and in addition to the actual attend¬ 
ance earned by the district, an additional attendance shall be credited to the 
district, determined by multiplying the average daily attendance for the term 
by the number of days the teacher attended the institute: Provided , Not to 
exceed three days for each teacher shall be credited for attendance at institute 
in any one year. (L. ’19, p. 215, sec. 11; R. C. S., sec. 4889; P. C., sec. 5084.) 





State of Washington 


183 


Cross-references: Basis of apportionment of state funds, secs. 764 and 765 ; of 
county funds, sec. 778. 

1. A teacher who refuses to attend an institute in the county in which he is 
employed, but later attends institute in another county, is not entitled to his wages 
during the time he is in attendance at such institute, and the district in which he is 
employed is not entitled to its apportionment of school funds for his attendance. 
(Atty. Gen. Ops., 1901-2, p. 112.) 

2. Additional attendance for institute should be credited in apportionment of 
both state and county funds. (Atty. Gen., Oct. 7. 1913.) 

3. Teachers employed by school districts within a county where an institute is 
held may receive extra compensation for lecturing at such institute notwithstanding 
the fact that there is no diminution in their salary by reason of their absence in 
attending such institute, since such service is outside of the scope of their contracts 
of employment. (Atty. Gen., Oct. 24, 1913.) 

4. A teacher is not entitled to reimbursement for attending institute, beyond 
such reimbursement as he would otherwise receive pursuant to his contract of employ¬ 
ment. This rule applies to the case of a teacher who attends institute during time 
when he is not employed as a teacher. (Atty. Gen., Oct. 30, 1914.) 

5. There is no provision in the statute authorizing a time or pay allowance to 
teachers who make satisfactory credits in taking extension work as provided for in 
sec. 164 where such extension work has been adopted in a county in lieu of the regular 
teachers’ institute as provided for in that section. (Atty. Gen., Apr. 10, 1917.) 

6. The maximum credit of 183 days’ attendance in any school year which may 
be allowed to school districts of the first class for purposes of apportionment of school 
funds, as provided for in sec. 662, subd. 5, includes the allowance for institute attend¬ 
ance. (Atty. Gen., Oct. 5, 1923.) 

7. A teacher’s right to pay for attending institute depends upon whether or not 
the institute falls within the period of time covered by the teacher’s contract. How¬ 
ever, if the directors do not pay their teachers while in attendance at institutes, their 
districts will receive no credit for institute attendance for the purpose of apportion¬ 
ment. (Supt. Pub. Instr., Apr. 6, 1915.) 

8. A district which has used its three days institute period otherwise cannot be 
allowed institute credit for attendance of its teachers at the meeting of the Inland 
Empire Teachers’ Association. (Supt. Pub. Instr., Feb. 28, 1920.) 

9. This section specifically limits the granting of institute credit to cases where 
the teacher is employed in teaching at the time the institute is held. So if institute is 
held before a teacher has commenced teaching under his contract he cannot later be 
allowed a vacation to compensate him for time spent in attending the institute. (Supt. 
Pub. Instr., July 30, 1921.) 


449. For failure to attend an institute 


In addition to other causes for the revocation of teachers’ certificates as 
provided by law, any teacher failing to attend the annual institute held in the 
county in which he is employed, or the annual joint institute held by the county 
in which he is employed and another county or other counties, unless for good 
and sufficient reasons satisfactory to the superintendent of public instruction, 
may upon complaint of the superintendent of the county in which he is employed 
to teach have any certificate he may hold forfeited by order of the superintendent 
of public instruction: Provided, That such forfeiture shall be duly published 
after the said teacher shall have been given opportunity to present his reasons 
for such non-attendance, and after final action thereon. (L. ’09, p. 360, sec. 10; 
R. C. S., sec. 5053; P. C., sec. 5199.) 


Cross-reference: Procedure for revocation of certificates, sec. 307. 

1. A life diploma may be revoked for failure to attend institute. (Atty. Gen. 

O pS certificate is subject to forfeiture under this section although the institute 

was held during the summer months when schools were not in session. (Atty. Gen. 

Ops., 1890-91, p. 13.) .. . . . . . 

3 The superintendent of public instruction, under sec. 449, has the right to 
revoke any class of certificates or diplomas, including those of the normal department 
of the state university, for non-attendance of the teacher at teachers institutes. In all 
other instances, under the provisions of sec. 307 the regents of the state university 
would have the sole power of revocation of normal diplomas granted by the state 
university. (Atty. Gen. Ops., 1905-6, p. 191.) 


450. Examination fees 

All examination fees shall be paid by the county superintendent or the city 
superintendent to the county treasurer, who shall place them to the credit of 
the proper institute fund hereby created. (L. ’09, p. 316, sec. 7; R. C. S., sec. 
4890; P. C., sec. 5085.) 

Cross-references: Institute fund may be expended for noimal extension woik 

when such work has been substituted for institute, sec. 164 , amount and payment of 
fees, sec. 293. 

1 The person receiving elementary, secondary or other certificates or diplomas 
from the state normal schools should pay the one dollar fee provided for teachers 




184 


Code of Public Instruction 


certificates and the same should be paid into the county where the person teaches 
school, or the county where he or she resides if a resident of the state. (Atty. Gen. 
Ops., 1909-10, p. 78.) 

451. Superintendent shall make an estimate of expenses 

Each county superintendent or city superintendent shall, prior to the hold¬ 
ing of the annual teachers’ institute, make an estimate of the necessary expenses 
thereof; and the county commissioners must, thereupon, and prior to the date 
of holding said institute, place at the disposal of the proper superintendent out 
of the county current expense fund such an amount, not to exceed $200, as in 
addition to the amount then in the hands of the county treasurer in the institute 
fund, will meet the superintendent’s estimate. (L. ’09, p. 316, sec. 8; R. C. S., 
sec. 4891; P. C., sec. 5086.) 

Cross-reference: Fees for certificates, sec. 293. 

1. The county superintendent is the lawful auditor of all claims or bills incurred 
in holding teachers’ institutes. However, the expenditure for this purpose is limited to 
$200 in excess of the receipts for examination fees. The county commissioners have 
the right to refuse to oi’der paid any manifestly improper or unlawful charge. (Atty. 
Gen. Ops., 1901-2, p. 115.) 

2. Claims or bills for expenses of the county institute do not have to be pre¬ 
sented to the board of county commissioners, but since the estimate for expenses must 
be submitted to the commissioners before any part of the fund can be appropriated, 
they would have authority to determine whether or not it is necessary to appropriate 
the same sum or any part thereof for use of the institute, and after the appropriation 
is made the county superintendent lias full authority to audit and allow the bills 
within the amount of the estimate as finally adopted. (Atty. Gen. Ops., 1911-12, 
p. 209.) 

3. Professors and instructors in the university of Washington, Washington state 
college, and the various normal schools, are entitled to reasonable compensation from 
the institute fund for services rendered at county institutes. (Atty. Gen. Ops., 1911-12, 
p. 217.) 

4. Institute funds cannot be. used for the purpose of transporting teachers to and 
from institute, whether it is held within or without the county and regardless of 
whether or not it is a joint institute. (Supt. Pub. Instr., Aug. 23, 1920.) 

452. Superintendent to keep vouchers and make report 

The county or city superintendent must keep an accurate account of the 
actual expenses of the institute, with vouchers for same, and make a complete 
report to the county auditor, which shall be placed on file in his office as a part 
of the regular files. (L. ’09, p. 316, sec. 9; R. C. S., sec. 4892; P. C., sec. 5087.) 

1. Claims of the superintendent of another county for compensation and expenses 
while attending an institute are not illegal and the subject is one of propriety more 
than a question of law. (Atty. Gen. Ops., 1911-12, p. 209.) 

2. The county superintendent has full authority to audit and allow bills for the 
county institute, but in no event can he allow, nor can the treasui'er pay, any bills in 
excess of the estimate as finally adopted. Claims or bills for expenses of the institute 
do not have to be presented to the county commissioners. (Atty. Gen. Ops., 1911-12, 
p. 209.) 

3. _ Traveling expenses incurred by the superintendent of public instruction in 
attending a county teachers’ institute should be paid out of the appropriation made 
for his office, but if the unspent balance of that appropriation should be so small that 
to use any part thereof for institute purposes would restrict the regular work of the 
office, th-; county superintendent would be authorized to pav the expenses of the super¬ 
intendent of public instruction out of the institute fund. (Atty. Gen. Ops., 1911-12, 
p. 209.) 






State of Washington 


185 


ARTICLE IV—COUNTY CIRCULATING LIBRARIES 

453. County superintendent may establish library. 

454. County commissioners may levy taxes. 

455. County superintendent shall certify bills. 

456. County superintendent shall not contract indebtedness. 

457. Books to be recommended, by whom. 

458. County superintendent to purchase books and enforce regula¬ 
tions. 

Cross-references: State library committee, sec. 10; establishment of district 
libraries by vote at special meeting of district, sec. 528; establishment of public 
libraries by school districts, sec. 641 ; authority of directors to purchase libraries for 
districts of the second class, sec. 727 ; for districts of the third class, sec. 740. 

453. County superintendent may establish library 

The county superintendent of each county of this state may establish a 
circulating library for the use and benefit of the pupils of the common schools 
of such county. (L. ’09, p. 320, sec. 1; R. C. S., sec. 4926; P. C., sec. 5096.) 

454. County commissioners may levy taxes 

At the time fixed for the levy of the county tax, the county commissioners 
of each county may levy a tax sufficient to carry into effect the provisions of 
section 453: Provided, That said tax shall not exceed one-tenth of one mill on 
each dollar of the assessed valuation of the said county. The proceeds of said 
tax shall, when collected, constitute a circulating school library fund for the 
payment of all bills created by the purchase of books and fixtures by the county 
superintendent. (L. ’09, p. 320, sec. 2; R. C. S., sec. 4927; P. C., sec. 5097.) 

Note : County tax levies are made within five days after the first Monday in 
October. L. ’23, p. 526, sec. 4. 

455. County superintendent shall certify bills 

The county commissioners shall allow no bill or bills against said fund 
until it shall have been certified to be correct by the county superintendent. 
(L. ’09, p. 320, sec. 3; R. C. S., sec. 4928; P. C., sec. 5098.) 

456. County superintendent shall not contract indebtedness 

The county superintendent shall purchase no books or fixtures for such cir¬ 
culating library until there shall be to the credit of the circulating school library 
fund sufficient money to pay the purchase price thereof. (L. ’09, p. 320, sec. 4; 
R. C. S., see. 4929; P. C., sec. 5099.) 

457. Books to be recommended, by whom 

No book shall be placed in a county circulating library unless it has been 
recommended by the state board of education, or the superintendent of public 
instruction. (L. ’09, p. 320, sec. 5; R. C. S., sec. 4930; P. C., sec. 5100.) 

458. County superintendent to purchase books and enforce regulations 

It shall be the duty of the county superintendent to purchase the books 
and to enforce such rules and regulations for their distribution, use, care and 
preservation as he may deem necessary. (L. ’09, p. 320, sec. 6; R. C. S., sec. 
4931; P. C., sec. 5100a.) 

Cross-reference: County board to assist county superintendent in preparation of 
rules and regulations, sec. 461, subd. 3. 




186 


Code of Public Instruction 


ARTICLE V—COUNTY BOARDS OF EDUCATION 

459. Appointment and term of office. 

460. Qualification and compensation of members. 

461. Powers and duties. 

459. Appointment and term of office 

There shall be in each county of this state a county board of education, 
which shall consist of five (5) members, including the county superintendent 
of common schools, who shall be ex-officio chairman of the board; the other 
members of said board shall be appointed by the county superintendent on the 
first Monday of September following his election and shall hold office for a 
term of two years: Provided, That in the event of a vacancy in said board 
from any cause the county superintendent shall fill the same for the remainder 
of the school year by appointment. (L. ’09, p. 311, sec. 1; R. C. S., sec. 4868; 
P. C., sec. 5063.) 

1. A county superintendent of schools can not legally appoint his minor child to 
be a member of the county board of education. This rule has no application to an 
emancipated child. (Atty. Gen., Aug. 10, 1915.) 

2. The board of county commissioners have no power to prevent the appointment 
of the county board of education, which is a board established by statute, nor to alter 
the compensation provided by law for the members of such board. (Atty. Gen., Aug. 
10, 1915.) 

460. Qualification and compensation of members 

Every member of the county board of education shall be the holder of a 
valid teacher’s certificate for this state, and the members other than the county 
superintendent, shall receive five dollars per day for the time spent in the per¬ 
formance of their official duties, and they shall also receive actual necessary 
traveling expenses, and the same shall be paid out of the funds of the county. 
(L. ’09, p. 311, sec. 2; R. C. S., sec. 4869; P. C., sec. 5064.) 

1. The members of the county board of education are entitled to be repaid for 
their hotel expenses when compelled to remain away from home on the business of 
said board. (Atty. Gen. Ops., 1909-10, p. 216.) 

461. Powers and duties 

Every county board of education shall have power and it shall be its duty: 
First. To grade the manuscripts of the pupils who take the state examina¬ 
tion for the purpose of securing eighth grade, or grammar school certificates. 

Second. To adopt textbooks for use in the public schools of school districts 
of the second division, as defined in chapter 7, title III of this act [sec. 402, 
1923 Code of Pub. Ins.] of said county. 

Third. To assist the county superintendent in the preparation of manuals, 
courses of study, rules and regulations for the circulating libraries, and to per¬ 
form such other duties as may be required by him. 

Fourth. To adopt rules and regulations for the schools of the county, not 
inconsistent with the code of public instruction or with the rules and regulations 
of the state board of education or the superintendent of public instruction. 
(L. ’09, p. 311, sec. 3; R. C. S., sec. 4870; P. C., sec. 5065.) 

Notes on subdivision 1 

Cross-references: Grading of manuscripts for grammar school examinations, 
sec. 367. 

Notes on subdivision 2 

Cross-references: Adoption of textbooks for districts of the second division, 
sec. 406 ; for joint districts, sec. 409. 

Notes on subdivision 3 

Cross-references: State superintendent to adopt course of study for districts of 
the second division, sec. 106 ; county superintendent the proper authority to determine 
as to necessity for issuance of circulars of information, sec. 435 ; outline course of 
study for districts of the third class to be adopted by county superintendent, sec. 440, 
subd. 5 ; county superintendent to enforce rules and regulations for circulating libraries, 
sec. 458. 

1. The county board of education should function as a collective unit, and the 
county superintendent cannot call upon each individual member of the board to perform 
routine clerical duties in the office of the superintendent at times when the board is 
not in session. (Atty. Gen. Ops., 1921-22, p. 291.) 

Notes ou subdivision 4 

Cross-references: State board of education to prescribe rules and regulations, 
sec. 17, subd. 7 ; state board rules and regulations set forth, appendix A. 




State of Washington 


187 


CHAPTER 3—THE SCHOOL DISTRICT—IN GENERAL 

ARTICLE I—DEFINITION, CHARACTER, SIZE AND BOUNDARIES 

462. How designated. 

463. Each incorporated city to be within one school district—ex¬ 
ceptions. 

464. Shall constitute body corporate. 

465. No district to be less than four sections. 

466. County auditor shall certify to county assessor. 

Cross-references: Classification of high school and non-high school districts, sec. 
250 et seq. ; county school district defined, sec. 428 ; correction of district boundaries, 
sec. 440, subd. 12 ; consolidated districts defined, sec. 481 ; union high school districts 
defined, sec. 490 ; joint districts defined, sec. 501 ; district contracts, debts and liabili¬ 
ties, secs. 591-604 ; the power of eminent domain, sees. 608-623 ; districts of the first 
class defined, sec. 645 ; districts of the second class defined, sec. 720 ; districts of the 
third class defined, sec. 733; school district defined as a taxing district, sec. 781. 

462. How designated 

The term “school district,” as used in this act, is declared to mean the 
territory under the jurisdiction of a single board designated as a board of 
school directors, and shall be organized in form and manner as hereinafter pro¬ 
vided, and shall be known as. (here insert name of city in case of 

districts of first or second class) school district No.. .county, 

state of Washington: Provided, That all school districts now existing as shown 
by the records of the county superintendent are hereby recognized as legally 
organized districts, subject to the classification of article I of this chapter [Code 
Pub. Ins., secs. 428, 646, 721, 734, 481, 501, 490.] (L. ’09, p. 264, sec. 1; R. C. S., 

sec. 4701; P. C., sec. 4905.) 

Cross-references: County superintendent to keep record of district boundaries, 
sec. 440, subd. 12; numbers of consolidated districts, sec. 483 ; designation of union 
high school districts, sec. 492 ; designation of joint districts, sec. 502 ; school districts 
containing incorporated cities or towns subject to classification as districts of the first 
and second classes, secs. 645 and 720. 

1. Sec. 462, providing that all school districts “now existing * * * are hereby 

recognized as legally organized districts,” fixes the status of a district then shown by 
the records and precludes a claim by a town that it was a district separate and apart 
therefrom: In re Tukwila School District, 111 Wash. 329. 

2. When territory within a school district is included in territory ceded to the 
federal government for a military reservation it is no longer a part of the school 
district. (Atty. Gen., Sept. 23, 1919.) 

3. While there is no designated procedure for reclassifying school districts, in 
view of the general powers of the county superintendent and in view also of sec. 462 
providing for the designation of districts, the change in classification is made by the 
county superintendent upon proper proof being presented to him, showing that a 
different classification should be made. He should make an order in conformity with 
his findings, and alter his records accordingly. The district board may then organize 
pursuant to such order, and proceed under the new classification. (Atty. Gen., Sept. 
20, 1922.) 

463. Each incorporated city to be within one school district—Exceptions 

Every incorporated city in the state shall be comprised in one school dis¬ 
trict, and shall be under the control of one board of directors: Provided, That 
any two or more contiguous or adjacent districts of the second and third class 
may form a union high school district in the manner and with all the powers 
provided by law for union high school districts: Provided, That nothing in 
this section shall be so construed as to prevent the extension of such city district 
a reasonable distance beyond the limits of such city: And provided further, That 
any two or more contiguous or adjacent districts of the second class may form 
a consolidated school district in the manner and with all the powers provided 
by law for consolidated school districts: And provided further, That nothing 
in this section shall be so construed as to change or disturb the boundaries of 
any school district organized prior to the incorporation of any city, except in 
cases of incorporation of cities lying partly in two or more school districts or¬ 
ganized prior to the incorporation of such city, or the extension of the bound' 
aries of cities beyond the limits of the school districts in which they are situated, 
or in cases where two or more cities unite, as provided by law: And provided 







188 


Code of Public Instruction 


further , That the fact of the issuance of bonds by school districts, heretofore 
or hereafter, shall not prevent the formation of new school districts, whether 
or not such bonds have been redeemed, canceled, or paid in whole or in part and 
shall not prevent the transfer or uniting with another school district of a por¬ 
tion or the whole of a district where bonds have been or may hereafter be issued. 
(L. ’23, p. 74, sec. 1; R. C. S., sec. 4703*; P. C., sec. 4907*.) 

Cross-references: Formation of new districts, sec. 467 et seq.", alteration of dis¬ 
tricts by extension of city boundaries, sec. 477 et seq. ; formation of consolidated 
districts, sec. 481 et seq. ; constitution of board of directors when two or more districts 
are consolidated by the uniting of two or more incorporated cities or towns, sec. 484 ; 
formation of union high school districts, sec. 490 et seq. ; power of directors over dis¬ 
trict property, sec. 582, subd. 5 ; school districts containing incorporated cities or towns 
subject to classification as districts of the first and second classes, secs. 645 and 7-0 ; 
issuance of school district bonds, sec. 798 et seq. 

1. If a school district in a city of more than 10,000 inhabitants has been en¬ 
larged, the funds for the district so enlarged should be raised from the whole district 
by equal taxation, and under Laws 1 890, p. 394, the question of providing funds 
cannot be affected by the fact that the assessment period commenced prior to the 
enlargement, or that the boundaries of the district have been changed since the 
commencement of the assessment period: School District v. King County, 3 Wash. 154. 

2. The incorporation of a town of the fourth class does not necessarily create a 
new school district out of the district of which it was formerly a part, under Laws 
1889-90, p. 379, sec. 64, superseded by sec. 463, Code Pub. Ins., which provides that 
each incorporated city or town shall comprise one district, with the provision that city 
or town districts may be extended a reasonable distance outside the city: In re 
Tukwila School District, 111 Wash. 329. 

3. A school district extending beyond the limits of a city or town is subject to 
the regulations of the town health officer for that portion within such city or town, 
and the county health officer for that portion outside of such city or town. (Atty. 
Gen. Ops., 1905-6, p. 35.) 

4. A school district of the second class cannot be consolidated with a school 
district of the first class. (Atty. Gen. Ops., 1917-18, p. 39.) 

5. If two incorporated cities are consolidated, the school districts of the two 
cities would necessarily be merged into one district. (Atty. Gen. Ops., 1917-18, p. 346.) 

6. As the union high school district is necessarily composed of two or more 
districts, the extinguishment of the districts composing the union high school by 
merging into one city district would also dissolve the union high school district. (Atty. 
Gen. Ops., 1917-18, p. 346.) But note the 1921 amendment to this section, permitting 
two or more adjacent or contiguous districts of the second and third class to form a 
union high school district. 

7. When an unincorporated town is annexed to an incorporated city, the 
boundaries of said city are considered as extended by such change, thus extending the 
boundaries of the school district in which said incorporated city is located, and the 
annexed territory becomes a part of the school district of the incorporated city and is 
under the jurisdiction and control of the school board of said district. Parts of the 
old unincorporated city district remaining outside of the enlarged city do not become 
a part of the city district, but can be joined to it by consolidation. (Atty. Gen., 
Feb. 5, 1909.) 

8. If a union high school district is formed of two districts of the second class 
and one district of the third class it would not be dissolved by the consolidation of 
the two districts of the second class within the union high school district, if the classi¬ 
fication of the districts resulting from the consolidation would not be advanced 
thereby, since the union high school district would still be composed of two con¬ 
stituent districts. (Atty. Gen., Oct. 31, 1923.) 

9. If two of the constituent districts of a union high school district composed 
of three or more districts are merged by consolidation of two or more cities or the 
annexation of territory to form a district of the first class the union high school dis¬ 
trict would be dissolved, since such a district can be composed only of contiguous or 
adjacent districts of the second and third classes. A consolidation effected by the 
union of two third class cities so as to give the resulting municipal corporation a 
population entitling it to become a city of the first or second class would necessarily 
have the effect of advancing the classification of the school district resulting from 
such consolidation to a district of the first class, while a consolidation of the districts 
by a vote of the electors under sec. 482 would not. (Atty. Gen., Oct. 31, 1923.) 


464. Shall constitute body corporate 

A school district shall constitute a body corporate and shall possess all the 
usual powers of a corporation for public purposes, and in that name and style 
may sue and be sued, purchase, hold and sell such personal and real estate, and 
enter into such obligations as are authorized by law; and the title to all school 
buildings or other property, real or personal, owned by any such school district 
shall, upon the organization of a district under the provisions of this act, vest 
immediately in the new district, and the board of directors of such school dis¬ 
trict shall have exclusive control of the same for all purposes herein contem¬ 
plated. (L. ’09. p. 265, sec. 2; R. C. S., sec. 4702; P. C., sec. 4906.) 





State of W ashing ton 


189 


Cross-references: New district not entitled to share of public money until one 
month of school has been maintained, sec. 469 ; basis of division of moneys between 
old and new district, sec. 470; new district entitled to property of old district, sec. 471; 
property adjustment upo^i formation of new district, sec. 472 ; upon alteration of dis¬ 
trict boundaries, sec. 475 ; upon annexation by extension of city boundaries, secs. 
478-479 ; upon consolidation of districts, sec. 489 ; upon dissolution of union high school 
districts, sec. 500 ; upon formation of joint districts, sec. 511 ; upon disorganization of 
a district, sec. 514; power of directors over district property, sec. 582, subd. 5; district 
contracts, debts and liabilities, sec. 591 et seq. ; district property, sec. 605 et seq .; 
power of eminent domain, sec. 608 et seq. ; purchase and sale of property by districts 
of the first class, secs. 663 and 665 ; by districts of the second class, sec. 729 ; by 
districts of the third class, sec. 746. 

1. In order to obtain jurisdiction of a school district, service of process must be 
had on the clerk, service on an individual member of the board not being sufficient: 
Downs v. Directors, 4 Wash. 309. 

2. School districts are municipal corporations within the contemplation of the 
act relating to contractors’ bonds as security for labor on public works, sec. 625 et seq. : 
Maxon v. School District, 5 Wash. 142. 

3. Under the provisions of Const., art. 16, sec. 5, authorizing the investment of 
the permanent school fund, “in national, state, county or municipal bonds,’’ the moneys 
in such fund may be invested in school district bonds, as school districts are municipal 
corporations within the purview of our state constitution : State v. Grimes, 7 Wash. 270. 

465. No district to bo less than four sections 

In forming new districts, or transferring territory from one district to an¬ 
other, or changing boundaries of districts, no school district shall contain less 
than four sections of land, unless said district can support six months’ school 
per year after such change of territory: Provided , That the county superin¬ 
tendent may establish a district with less than four sections on a petition signed 
by eighty per cent of all the heads of families of the proposed district, by and 
with the consent of the superintendent of public instruction. (L. ’09, p. 280, 
sec. 3; R. C. S., sec. 4766; P. C., sec. 4969.) 

Cross-references: Minimum school term defined as six months for districts in 
general, sec. 244 ; in districts of the second class, sec. 732 ; appeals no longer taken 
to county commissioners, sec. 411; decision of appeals relating to district boundaries 
to be reported to assessor, sec. 417; county superintendent to keep record of district 
boundaries, sec. 440, subd. 12 ; formation, alteration and combination of districts, 
secs. 462-514; minimum term required for apportionment to new district, secs. 469-470 ; 
each county superintendent to keep transcript of joint district boundaries, sec. 509. 

1. A school district containing less than four sections of land may be formed if 
it can support six months school in each year. Whether it can do so is a question for 
determination by the county superintendent and his decision of the question as affirmed 
on appeal is final and will not be reviewed by the courts if there was neither want or 
excess of jurisdiction, under former statute providing for appeal from decisions of the 
county superintendents in certain cases to the county commissioners, superseded by 
sec. 411: Wilsey v. Cornwall, 40 Wash. 250. 

2. A county superintendent may create a new district containing less than four 
sections of land if he is satisfied that the new district can support six months school 
per year and it is only in instances where the district will not support six months 
school per year and contains less than four sections of land that it is necessary to 
obtain a petition and the consent of the state superintendent. (Atty. Gen. Ops., 
1905-6, p. 365.) 

3. New districts may be formed containing less than four sections of land in 
cases where such districts can support six months school per year without a levy in 
excess of one per cent of the assessed valuation of the property of the district, and in 
such cases it is not necessary to secure the consent of the state superintendent of 
public instruction, the consent of that official being necessary only in cases where the 
county superintendent establishes a district with less than four sections on a petition 
signed by 80 per cent of all the heads of families of the proposed district. (Atty. 
Gen. Ops., 1917-18, p. 345.) 

4. Where an appeal has been taken from the action of the county superintendent 
of schools denying the petition for establishment of a new school district of less than 
four sections and such action has been reversed, the district will be formed although 
it is the opinion of the county superintendent that it cannot maintain six months 
school per year. If at a later time it is found that the district has not in fact main¬ 
tained six months of school the county superintendent will have authority on her own 
motion to attach its territory to another district in accordance with the provisions of 
sec. 514. (Atty. Gen., May 2, 1923.) 

5. The maintenance of school for the minimum period of six months required by 
law is not a purpose which would authorize a school district to exceed its limit of 
indebtedness. (Atty. Gen., June 21, 1921.) 





190 


Code of Public Instruction 


460. County auditor shall certify to county assessor 

In all cases involving the alteration of school district boundaries, the county 
auditor shall certify the action of the county superintendent or the county com¬ 
missioners to the county assessor. (L. ’09, p. 279, sec. 2; R. C. S., sec. 4765; 
P. C., sec. 4968.) 

Cross-references: County superintendent to keep transcript of boundaries, sec. 

440, subd. 12 ; each county superintendent to keep transcript of joint district bound¬ 
aries, sec. 509. . 

1. Where the map of the county showing school district boundaries, required by 
Laws 1891, p. 300, sec. 53 (superseded by this section), to be furnished the assessor 
by the county commissioners, has not been corrected by the assessor after the enlarge¬ 
ment of a certain school district in the county, and the assessment list made to tally 
therewith, it is the duty of the auditor, from the data in his possession, to make the 
necessary corrections in extending the tax: School District v. King County, 3 Wash. 
154. 


ARTICLE II—FORMATION OF DISTRICTS 

467. Petition to be signed by five heads of families. 

468. Notices and hearing. 

469. School must be taught at least one month. 

470. For failure of new district to have one month of school. 

471. New district entitled to certain funds. 

472. Value of property—county superintendent may hear testimony. 

473. Commissioners to make appropriate levies. 

Cross-references: Issuance of bonds not to prevent formation of new districts, 
sec. 463 ; new district not to be formed out of consolidated district within five years of 
consolidation, sec. 482; first election of directors in districts of the third class, sec. 734. 

467. Petition to be signed by five heads of families 

For the purpose of organizing a new district, a petition, in writing shall be 
made to the county superintendent, signed by at least five heads of families 
residing within the boundaries of the proposed new district, which petition shall 
describe the boundaries of the proposed new district and give the names of all 
the children of school age residing within the boundaries of such proposed new 
district, at the date of presenting said petition. (L. ’09, p. 266, sec. 1; R. C. S., 
sec. 4721; P. C., sec. 4913.) 

Cross-references: School age defined, sec. 243 ; signatures required on petition for 
formation of district of less than four sections, sec. 465 ; petition for formation of 
consolidated districts, sec. 482 ; for formation of union high school districts, sec. 491 ; 
for formation of joint districts, sec. 503 ; children of school age to be enumerated in 
census, sec. 587, subd. 3. 

1. Where a person aggrieved at the action of a county school superintendent in 
establishing a new school district fails to appeal to the board of county commissioners 
as provided in former laws, he cannot invoke the remedy of certiorari to review the 
proceedings whereby such new school district was established: Gregory v. Dixon, 7 
Wash. 27. For course of appeal under present laws, see sec. 411. 

2. In forming a new school district and fixing its boundaries the county superin¬ 
tendent is not restricted to the territory specified in the petition : Wilscy v. Cornwall, 
40 Wash. 250. 

3. It is not necessary that a person be a legal voter to be included within the 
term “heads of families.” (Atty. Gen. Ops., 1891-92, p. 162.) 

4. When a petition is presented to a county superintendent praying for the organ¬ 
ization of a new school district, he may, after he has heard all the evidence presented 
by the parties interested, exercise his judgment, within reasonable limits, in the or¬ 
ganization of such new district and the fixing of its boundaries, and in so doing he 
may correct any mistakes that may have been made in the description given in the 
petition, and in a proper case modify the boundaries described therein. (Atty. Gen. 
Ops., 1891-92, p. 196.) 

5. The “head of a family” as contemplated by the school code, is not confined to 
one who is under legal obligations to provide for the support and education of persons 
dependent upon him, but is one who is under legal obligations to provide for the sup¬ 
port or education of such persons. (Atty. Gen. Ops., 1897-98, p. 74.) 

6. The statutory definition of the term “head of family” in the homestead 
exemption law (R. C. S., sec. 553; P. C., sec. 7884) may be referred to in determining 
the meaning of the term as used in the school code. (Atty. Gen. Ops., 1903-4, p. 196.) 

7. An Indian reservation cannot be formed into a school district, even though 
the federal government has not provided a school. (Atty. Gen. Ops., 1907-8, p. 12.) 

8. There is no legal reason why a school district should not be formed in a com¬ 
munity inhabited principally by Indians, even though the lands in such communitv 
held by the Indians are not taxable, but, in taking the census for apportionment pur- 




State of Washington 


191 


poses, Indian children who are not living under the guardianship of white persons, or 
have not severed their tribal relations, are not to be included. (Atty. Gen., Oct. 9, 
iyio.) 

A person who has children under school age dependent upon him for support 
}®1 a 1 9 0f a family as that term is used in the school code. (Atty. Gen., July 

10. A, county superintendent cannot create a new district out of, or detach a 

101 } a consolidated district within the five-year period limit prescribed by sec. 
482. (Atty. Gen., Mar. 9, 1921.) 

There is no procedure for the withdrawal of a component part from a con¬ 
solidated district. The only means by which such a result could be accomplished 
would be organization of a new district from the territory included within the com¬ 
ponent district. (Atty. Gen., June 18, 1915; Apr. 7, 1921.) 

12 A Japanese, Chinese or other alien who is in fact the head of a family and a 
resident of the territory to be affected by transfer or by organization of a new school 
district has a right to sign the petition for transfer of territory or organization of the 
new district. (Atty. Gen., Oct. 19, 1921.) 

468. Notices and hearing 

The county superintendent shall give notice to the parties interested by 
causing notices to be posted at least twenty (20) days prior to the time ap¬ 
pointed by him for considering said petition, in at least three of the most public 
places in the proposed new district, and one on the school house door of each 
district affected by the proposed change, and in one of the most public places 
of the territory affected by the proposed change. On the day fixed in the notice 
he shall proceed to hear said petition, and if he deem it advisable to grant the 
petition he shall make an order establishing said district and describing the 
boundaries thereof and shall certify his action to the board of county commis¬ 
sioners at their next regular meeting. (L». ’09, p. 266, sec. 2; R. C. S., sec. 4722: 
P. C., sec. 4914.) 

Cross-reference: County auditor to certify action of county superintendent to 
assessor, sec. 466. 

469. School must be taught at least one month 

No new district formed by the subdivision of an old one shall be entitled 
to any share of public money belonging to the old district until a school has 
actually been taught one month in the new district and unless within eight 
months from the order of the county superintendent granting such new district 
a school is opened, the action making a new district shall be void, and all 
elections or appointments of directors or clerks made in consequence of such 
action, and all rights and office of parties so elected or appointed shall cease 
and determine, and all taxes which may have been levied in such old district 
shall be valid and binding upon the real and personal property of such new 
district, and shall be collected and paid into the school fund of the old district. 
(L. /09, p. 266, sec. 3; R. C. S., sec. 4723; P. C., sec. 4915.) 

Cross-references: Officers of old district residing within the limits of the new one 
to be officers of the new district, sec. 440, subd. 13; division of moneys for credit to 
new district, sec. 471 ; first election of directors in districts of the third class, sec. 734; 
district taxes, sec. 780. 

1. The old district pays its teachers from whatever available money it has left 
in its treasury after the county superintendent has divided and apportioned the proper 
amount of fund to the new district. After the new district has received all its funds 
due from the old district it pays its own teachers and has nothing to do with paying 
the teachers of the old district. (Atty. Gen. Ops., 1905-6, p. 303.) 

2. The words “public money,” as used in sec. 469, refer to the moneys mentioned 
in secs. 748 and 760. (Atty. Gen. Ops., 1907-8, p. 157.) 

3. Where the territory of one of the component districts of a consolidated dis¬ 
trict is transferred to another district or is formed into a new district and thereafter 
consolidated with another district, failure to maintain school would result in voiding 
the action making the new district. (Atty. Gen. Ops., 1913-14, p. 479.) 

4. A school district formed after the filing of certificate of the county superin¬ 
tendent, as provided for in sec. 777, would not participate in any apportionment until 
after the filing of the next report of the county superintendent. (Atty. Gen., Oct. 6 , 
1911.) 


470. For failure of new district to have one month of school 

Any new district formed by the division of an old one and which new 
district shall have maintained at least one month’s school during the preceding 
school year, as shown by the last annual report of the county superintendent, 
on file in the office of the superintendent of public instruction, shall be entitled 




192 


Code of Public Instruction 


to its just share of school moneys when the time that school was maintained 
in the old district before division, and in the new one after division, shall be 
equal to at least the minimum time required by law in the old district: Pro¬ 
vided, That if any school district has heretofore failed to receive apportion¬ 
ment of state school funds because of failure to hold school the time required 
by law, and there are unpaid warrants drawn on the general funds of said 
district for maintenance of school prior to said failure, a special tax shall be 
levied by the board of county commissioners on the property of the district, 
the proceeds of which tax shall be applied to the payment of the indebtedness. 
(L. '09, p. 362, sec. 16; R. C. S., sec. 5059; P. C., sec. 5205.) 

Cross-references: Minimum term to be six months for school districts in general, 
sec. 244; in districts of the second class, sec. 732; annual report of the county super¬ 
intendent, sec. 440, subd. 11 ; minimum term to be eight months in districts of the 

first class, sec. 661, subd. 5; school district tax levy, sec. 779. 

1. A school district which has failed to maintain school during a school year is, 
nevertheless, entitled to be credited with the minimum credit of two thousand days 
attendance as provided in sec. 765, but such district may not share in the apportion¬ 
ment of county funds. (Atty. Gen. Ops., 1919-20, p. 278.) 

471. New district entitled to certain funds 

When a new district is formed from one or more old districts it shall be 

entitled to a just share of the school money to the credit of the one or more 

old districts, from which the new district is formed, at the time the petition 
was granted to establish the new district. And the county superintendent (or 
in case of an appeal, the board of county commissioners), shall divide such 
money and also such money as may, for the current year, afterward be appor¬ 
tioned to the said one or more old districts, according to the number of school 
children resident in the new district, as may be ascertained by a census taken 
for that purpose: Provided, That the new district shall be entitled to all school 
district tax levied within the boundaries of the new district, for the current 
year in which the new district is formed. And if such tax, or any part of it, 
has already been collected and placed to the credit of the aforementioned one 
or more old districts, it shall be the duty of the county treasurer, upon the order 
of the county superintendent, to transfer the money received from such special 
tax to the credit of the new district. (L. '09, p. 267, sec. 4; R. C. S., sec. 4724; 
P. C., sec. 4916.) 

Cross-references: Appeals no longer taken to county commissioners, sec. 411; new 
district entitled to property upon organization, sec. 464 ; school census, sec. 587, subd. 
3 ; school district tax levy, sec. 779. 

1. A writ of mandate will not issue to compel school directors to pay over to the 
county treasurer insurance money raised on a loss by fire of a school building in their 
district, to be divided between it and a new district recently formed out of it, when 
the money has been actually expended by the directors in the erection of a new school 
building, pursuant to a unanimous vote of the electors of the district. Mandamus 
cannot be invoked as a remedy to recover moneys misapplied by public officers, for in 
such cases the public has another and different remedy exclusively: Elder v. Territory, 
3 Wash. Ter. 438. 

2. The division of funds should be based upon the number of school children in 
the new district at the time of its formation, rather than upon the number at the 
time division was made, since the statute contemplates division of funds at the time 
of formation. (Atty. Gen. Ops., 1901-2, p. 37.) 

3. A county superintendent, in the event of the formation of a new school dis¬ 
trict, has no power or right to divide any sinking fund or special fund accumulated in 
the treasury of the old (divided) district for the payment of bonds that are not yet 
due. (Atty. Gen. Ops., 1901-2, p. 176.) 

4. Where a new district is formed from an old one which has recently voted a 
special ten mill tax, it is the duty of the county treasurer on the order of the county 
superintendent to transfer such an amount of the special tax levy x-ecently voted upon 
by the old district, which vote was taken during the current year, and place it to the 
credit of the new district in an amount covering all the special tax levied within the 
boundaries of the new district. (Atty. Gen. Ops.. 1905-6, p. 303.) 

5. The method of division of moneys apportioned as provided for in this section 
should be followed by the county superintendent when a district is disorganized and 
its territory attached to more than one existing district as provided for in sec. 514. 
(Atty. Gen. Ops., 1913-14, p. 69.) 

6. In case of the creation of a new school district out of old districts or by the 

division of an old district, the new district should be allowed its share of taxes for 
that year, whether the taxes are delinquent or not at the time of its creation, and 
when the new district is created after June 1st, at which time the taxes become 
delinquent, it would be entitled to all the taxes in its jurisdiction collected on the levy 
made for use in the year in which the new district is formed. (Attv. Gen Ons 
1913-14, p. 301.) * 1 '• 



State of Washington 


193 


i. New districts can not participate in funds until after filing of certificate of 
county superintendent with county auditor. (Atty. Gen., Oct. 6, 1911.) 

8. The question as to whether any detached territory is liable for any part of 
the payment of any bonded or other indebtedness of the district from which it has been 
detached depends upon the nature of the findings made by the county superintendent 
at the time the territory was detached. If such findings required that a certain portion 
of bonded or other indebtedness should be assumed by the detached territory, the 
property involved is liable, and levies should be made on the property involved to take 
up such indebtedness. If, however, in the adjustment the old district assumed all the 
indebtedness, the detached territory is in no way concerned with the prior indebtedness. 
(Atty. Gen., May 23, 1913.) 

472. Value of property—county superintendent may hear testimony 

At the hearing for the formation of a new school district, the county super¬ 
intendent shall, in case the petition is granted, hear testimony offered by any 
person or school district interested therein, for the purpose of finding and de¬ 
termining the amount and value of all school property of whatever nature in¬ 
volved in the proposed action, the nature and amount and value of all bonded, 
warrant and other indebtedness of the original school district or districts out 
of whose territory such new district is formed, including all legal uncompleted 
obligations then existing, and in so doing shall consider the amount of such 
outstanding indebtedness incurred for current expenses, the amount incurred 
for permanent improvements, and the location of such improvements, and shall 
make an equitable adjustment of all property, debts, and liabilities among the 
districts involved. 

He shall make a full record of all such findings and terms of adjustment and 
the decision of said county superintendent shall be final unless appealed from 
in the manner provided by law, in which case the decision of the board of 
county commissioners shall be final. (L. ’09, p. 267, sec. 5; R. C. S., sec. 4725; 
P. C., sec. 4917.) 

Cross-reference: Appeals no longer taken to county commissioners, sec. 411. 

1. A new school district may be formed as petitioned for, and charged with its 
proportionate share of the bonded indebtedness of the districts from which it is 
formed. (Atty. Gen. Ops., 1915-16, p. 359.) 

473. Commissioners to make appropriate levies 

When a new school district is formed in the manner provided by this 
article it shall be the duty of the county commissioners to provide by appro¬ 
priate levies on the property of such new district, in the manner provided by 
law, for the payment of such indebtedness as may be imposed upon it by the 
decision of the county superintendent, or in case of appeal by the board of 
county commissioners. (L. '09, p. 268, sec. 6; R. C. S., sec. 4726; P. C., sec. 4918.) 

Cross-references: Appeals no longer taken to county commissioners, sec. 411 ; 
school district tax levy, sec. 779. 

1. Where a new district is formed in the manner provided by this chapter, the 
indebtedness apportioned to each unit of territory used to form a new district becomes 
the indebtedness of the new district and should be paid by uniform levy throughout 
the new district, rather than by separate levy upon the property of each such unit.. 
(Atty. Gen. Ops., 1915-16, p. 359.) 


ARTICLE HI—ALTERATION OF DISTRICTS—BY PETITION 

474. What must be included in petition. 

475. Value of property—county superintendent may hear testimony. 

476. Commissioners must make certain levies. 

Cross-references: Alteration of districts by extension of city boundaries, sec. 477 
et seq. ; by consolidation, sec. 481 et seq. ; by formation of union high school districts, 
sec. 490 et seq.; by formation of joint districts, sec. 501 et seq.; by disorganization 
without petition, sec. 514. 

474. What must be included in petition 

For the purpose of transferring territory from one district to another or 
enlarging the boundaries of any school district, a petition in writing shall be 
presented to the county superintendent, signed by a majority of heads of fam¬ 
ilies residing in the territory which it is proposed to transfer or include, or in 
—7 





194 


Code of Public Instruction 


case there be no family resident in such territory then by the board of directors 
in one of the districts affected by such proposed change, which petition shall 
describe the change which it is proposed to have made. It shall also state the 
reason for desiring said change, and the number of children of school age if 
any residing in the territory to be transferred. For such proposed transfer of 
territory the notices shall be posted and the hearing and appeal shall be the 
same as for the formation of a new district: Provided , That whenever any 
part of a school district of the third class in which no high school is maintained 
is bounded on three sides by a school district of the second class in which a 
high school is situated and maintained, the county superintendent of schools 
may without petition, transfer the territory of the school district of the third 
class so bounded to the school district of the second class in which said high 
school is situated and maintained: Provided , That the county superintendent 
of schools, shall hold a hearing upon the advisability of said transfer, and shall 
give notice of the time and place of said hearing to the parties interested, by 
causing notices to be posted at least twenty (20) days prior to the time ap¬ 
pointed by him for said hearing, in at least three of the most public places in 
the territory proposed to be transferred, and one on the school house door of 
each district affected by the proposed change. On the day, and at the place 
fixed in the notice, he shall hold said hearing, and if he deem it advisable to 
make such transfer, he shall make an order establishing said transfer, and shall 
certify his action to the board of county commissioners at their next regular 
meeting. Upon making such transfer of territory the county superintendent of 
schools shall fix a time and place for adjusting the assets and liabilities of the 
school districts affected, and shall give notice thereof by posting said notice at 
least twenty days prior to the appointed time in not less than three of the 
most public places in the district from which the territory was transferred (at 
least one of which shall be in the territory transferred), and a like number in 
the district to which the territory is transferred. At the time and place fixed 
he shall hear the testimony offered by any interested party or district, and make 
an equitable adjustment of all property, debts and liabilities among the districts 
affected in the same manner and to the same effect as is provided in section 475. 
(L. T5, p. 171, sec. 1; R. C. S., sec. 4727; P. C., sec. 4919.) 

Cross-references: School age defined, sec. 243; appeals, sec. 410 et seq. ; county 
superintendent may administer oaths, sec. 440, subd. 9 ; county auditor to certify action 
of county superintendent to assessor, sec. 4 66 ; posting of notices and hearing for 
formation of a new district, sec. 468; alteration of joint districts to be effected by 
joint action of all county superintendents concerned, sec. 50 8. 

1. Upon petition to the county school superintendent for a change of school 
district boundaries, the superintendent cannot radically depart from the petition and 
transfer from one district to another territory not described therein, except as neces¬ 
sary to correct the descriptions: State ex rel. Calouri v. Stratton , 108 Wash. 485. 

2. Under Rem. Code, sec. 4433, superseded by sec. 474, the county superintendent 
cannot transfer portions of one school district to another where it is made to appear 
at the hearing that the petition for the change was not signed by a majority of the 
heads of families residing in the territory transferred: State ex rel. Boiiffleur v. 
Superior Court. Ill Wash. 4 77. 

3. Sec. 474, requiring a majority of the heads of families to sign a petition for 
transferring territory from one district to another, means a majority of all heads of 
families, regardless of whether they have children of school age or not: Id. 

4. Where a county superintendent has made an order transferring school district 
territory, an interested person may have the question of sufficiency for transfer as to 
the required number of signatures reviewed in the courts if the challenge to the 
sufficiency of the petition is made before the transfer is fully consummated and new 
rights of ilie respective districts have become vested because of acts done by them or 
on their behalf upon the faith of such transfer being lawfully made : Id. 

5. The provision of sec. 415, that decisions on appeal shall be final, does not 
mean that such decision in a case involving territorial limits of a school district fixes 
the boundaries for all time, since the question involved is purely political: State ex rel 
Miller v. Thornton. 115 Wash 190. 

6. W here the county superintendent upon petition has transferred territory from 
one district to another and his order of transfer has been modified upon appeal, the 
decision appealed from does not preclude a subsequent second transfer of territory 
between the same districts upon later petition : Id. 

7. The validity of a teacher’s contract is not affected by a transfer of part of 
the territory of the contracting district to another district. (Atty. Gen. Ops, 1891-92, 
p. 157.) 

8. The “head of a family’’ as contemplated by the school code, is not confined to 
one who is under legal obligations to provide for the support and education of persons 
dependent upon him, but is one who is under legal obligations to provide for the sup¬ 
port or education of such persons. (Atty. Gen. Ops., 1897-98, p. 74.) 




State of Washington 


195 


9. Consent of a district is not required for transfer of territory therefrom, but 
an appeal is allowed if it feels aggrieved. (Atty. Gen. Ops., 1903-4, p. 236.) 

10. The county superintendent has no authority to extend the boundaries of a 
school district so as to include the territory of an Indian reservation for the purpose 
of listing personal property therein for taxation. (Atty. Gen. Ops., 1905-6, p. 269.) 

11. Districts cannot be formed out of an existing district in such a manner as to 
leave portions of the old district non-contiguous. (Atty. Gen. Ops., .1911-12, p. 130.) 

12. A county superintendent may transfer territory in which there are no chil¬ 
dren of school age to the territory of an adjoining district although the district from 
which such territory is detached has more than four children of school age resident 
therein and has maintained school as required by statute, but if the territory proposed 
to be transferred contains any children of school age a petition must be filed in the 
manner prescribed in this section. (Atty. Gen. Ops., 1913-14, p. 69.) 

13. That portion of this section which provides that the board of directors may 
sign petitions if there be no family residing in territory proposed to be transferred, 
should be read in the light of sec. 514 and construed as intended to give the directors 
power to invoke action by the county superintendent and not to limit the power of 
that officer to make the transfer without petition. (Atty. Gen. Ops., 1915-16, p. 353.) 

14. Alteration of a union high school district by transfer of part of the territory 
of one of the component districts is illegal. (Atty. Gen. Ops., 1919-20, p. 175.) 

15. Territory on an island separated from a school district by a body of navigable 
water two miles in width but with no other school district intervening so as to separ¬ 
ate the boundaries of the district from such territory is contiguous territory and may 
be annexed to such district. (Atty. Gen., Dec. 17, 1901.) 

16. The question as to whether any detached territory is liable for any part of 
the payment of any bonded or other indebtedness of the district from which it has 
been detached depends upon the nature of the findings made by the county superin¬ 
tendent at the time the territory was detached. If such findings required that a 
certain portion of bonded or other indebtedness should be assumed by the detached 
territory, the property involved is liable, and levies should be made on the property 
involved to take up such indebtedness. If, however, in the adjustment the old district 
assumed all the indebtedness, the detached territory is in no way concerned with the 
prior indebtedness. (Atty. Gen., May 23, 1913.) 

17. A pei'son who has children under school age dependent upon him for support 
is a “head of a family” as that term is used in the school code. (Atty. Gen., July 
21, 1919.) 

18. A Japanese, Chinese or other alien who is in fact the head of a family and a 
resident of the territory to be affected by transfer or by organization of a new school 
district has a right to sign the petition for transfer of territory or organization of the 
new district. (Atty. Gen., Oct. 19, 1921.) 

19. Where the territory of a school district of the third class in which no higli 
school was maintained has been transferred to a consolidated district of the second 
class which bounds the district of the third class on three sides and contains a high 
school, the county superintendent in making property adjustment has no authority to 
provide that the property of the territory transferred shall be liable for the portion 
of the indebtedness existing against a component district of the consolidated district 
and a levy made upon the transferred territory for the purpose of paying any part of 
the indebtedness of the component district is without legal authority and void. (Atty. 
Gen., Mar. 14, 1922.) 

20. Territory transferred from one school district to another need not be ad¬ 
jacent or contiguous to the district to which the same is transferred. (Atty. Gen.. 
Aug. 10, 1922.) 

21. If a petition recites that a proposed transfer of territory is desired in order 
to equalize the assessed valuation of two districts the law would not render a transfer 
made by the county superintendent pursuant to such petition nugatory. (Atty. Gen., 
July 11, 1922.) 

475. Value of property—county superintendent may hear testimony 

At the hearing for the alteration of any school district the county superin¬ 
tendent shall, in case the petition is granted, hear testimony offered by any 
person or school district, for the purpose of finding and determining the value 
and amount of any school property of whatever nature involved in the proposed 
action, the nature and amount and value of all bonded, warrant and other 
indebtedness of each school district affected by the action, including all legal 
uncompleted obligations then existing, and in so doing shall consider the amount 
of such outstanding indebtedness incurred for current expenses, the amount 
incurred for permanent improvements and the location of such improvements, 
and shall make an equitable adjustment of all property, debts and liabilities 
among the districts involved. 

He shall make a full report of all such findings and terms of adjustment 
and the decision of said county superintendent shall be final unless appealed 
from in the manner provided by law, in which case the decision of the board 



196 


Code of Public Instruction 


of county commissioners shall be final. (L. ’09, p. 268, sec. 2; R. C. S., sec. 4728; 
P. C., sec. 4920.) 

Cross-reference: Appeals no longer taken to county commissioners, sec. 411. 

1. Under the former statute providing for appeal from certain decisions of the 
county superintendent of schools to the county commissioners, an action in equity to 
set aside a decision of the commissioners affirming a decision of the county superin¬ 
tendent will not lie, and is insufficient to operate as an application for a writ of review 
if it does not bring up the record made before the commissioners, but seeks a trial 
de novo: Tufts v. Riffe, 97 Wash. 500. 

2. Under sec. 415, providing that decisions on appeal by the county commissioners 
shall be final unless set aside by a court of competent jurisdiction in an action brought 
to review the same, certiorari lies to review decisions on appeal from the county 
superintendent, notwithstanding the earlier sec. 475 provides that decisions on appeal 
by the board shall be final: State ex rel. Calouri v. Stratton, 108 Wash. 485. This 
case was decided at a time when provision was made for taking appeals from the 
county superintendent to the county commissioners in certain cases. For the present 
course of appeal, see sec. 411. 

3. Where territory has been transferred from one district to another district 
having a different rate of tax levy, the rate applicable at the time the commissioners 
make the levy, rather than at the time of assessment, should govern. (Atty. Gen. Ops., 
1899-1900, p. 97.) 

4. Where bonds were issued by a district for the purpose of Dullding school 
houses and detachments of territory were made, prior to the time when provision of 
law was made for apportionment of the debts and liabilities of the old district, such 
district in its decreased area alone remains liable for the debts and liabilities. (Atty. 
Gen. Ops., 1909-10, p. 188.) 

5. The method of division of property provided for in this section should be 
followed by the county superintendent when districts are disorganized as provided for 
in sec. 514. (Atty. Gen. Ops., 1913-14, p. 69.) 

6. A county superintendent, when presented with a petition requesting the trans¬ 
fer of territory from one school district to another, has the authority to transfer less 
territory than prescribed in the petition. He may correct mistakes, modify the 
boundaries, and eliminate a part of the territory which the petition proposes to trans¬ 
fer. If in doing so he acts unwisely, or is guilty of an abuse of discretion, the statute 
on appeals, secs. 410 to 417 inclusive, provides a method of correcting such errors. 
(Atty. Gen. Ops., 1913-14, p. 223.) 

7. Upon granting a petition for transfer of territory the county superintendent 
may impose upon a district to which territory is added a proportionate share of the 
indebtedness of the district from which the territory is detached. (Atty. Gen. Ops . 
1913-14, p. 353.) 

8. Land adjoining one of the component districts of a consolidated district if 
transferred to the consolidated district is not liable to assessment for the old indebt¬ 
edness of the component district. (Atty. Gen., Aug. 4, 1915.) 

9. The board of directors of a district of the second class has authority to pre¬ 
sent evidence of a character necessary to determine the facts set out in this section 
and, if necessary for the presentation of such facts, to require the attendance of the 
clerk at such meeting and to allow compensation therefor. (Atty. Gen., Oct. 29, 1915.) 

10. Failure of the county superintendent of schools to make the report required 
by this section would not invalidate the prior proceedings where the superintendent’s 
decision relating to the adjustment has been acted upon and lew mode in accordance 
therewith. (Atty. Gen., Feb. 25, 1922.) 

476. Commissioners must make certain levies 

In case of the alteration of any school district, in the manner provided by 
this article, it shall be the duty of the board of county commissioners to pro¬ 
vide by appropriate levies on the property of such district, in the manner pro¬ 
vided by law, for the payment of such indebtedness as may be imposed upon 
it by the decision of the county superintendent, or in case of appeal, by the 
board of county commissioners. (L. ’09, p. 269, sec. 3; R. C. S., sec 4729- P C 
sec. 4921.) * * 

Cross-references: Appeals no longer taken to county commissioners sec 411 - 
school district tax levies, sec. 779. 






197 


State of Washington 


ARTICLE IV—ALTERATION OF DISTRICTS—BY EXTENSION OF CITY 

BOUNDARIES 

477. When annexation is completed. 

478. County superintendent to adjust property. 

479. County superintendent to hear testimony and adjust liabilities. 

480. District to retain corporate existence until liabilities are paid. 

477. When annexation is completed 

Whenever an incorporated city shall extend its limits in the manner pro¬ 
vided by law, so as to include all or a part of one or more school districts, the 
territory so included shall not be deemed annexed for school purposes until 
the 30th day of June next succeeding the date of annexation for municipal 
purposes, at which time the county superintendent shall declare the territory 
added to the limits of said city to be a part of the school district embracing 
said city: Provided, That when a school house is located within the territory 
annexed for municipal purposes, and yet remains the most accessible school 
for a part of the school district left outside of the territory so annexed to such 
incorporated city, the county superintendent may annex all or any part of such 
school district to the school district embracing such city. (L. ’09, p. 269, sec. 1; 
R. C. S., sec. 4730; P. C., sec. 4922.) 

Cross-references: School year ends June 30, sec. 245 ; each incorporated city to 
be comprised in one school district, sec. 463 ; constitution of board of directors when 
two or more districts are consolidated by the uniting of two or more incorporated 
cities or towns, sec. 484 ; fiscal school year ends June 30, sec. 837. 

1. Under Laws of 1889-90, p. 386. secs. 1 and 2, it was held that immediately 
upon extension of the limits of a city of more than 10,000 inhabitants the directors of 
the annexed territory went out of office and it became part of the city school district: 
McGovern v. Fairchild, 2 Wash. 479. 

2. If a school district in a city of more than 10,000 inhabitants has been enlarged, 
the funds for the district so enlarged should be raised from the whole district by 
equal taxation, and under the laws of 1890, p. 394, the question of providing funds 
cannot be affected by the fact that the assessment period commenced prior to the 
enlargement, or that the boundaries of the district have been changed since the com¬ 
mencement of the assessment period: School District v. King County, 3 Wash. 154. 

3. The incorporation of a town of the fourth class does not necessarily create a 
new school district out of the district of which it was formerly a part, under Laws 
1889-90, p. 379, sec. 64, supei'seded by sec. 463, Code Pub. Ins., which provides that each 
incorporated city or town shall comprise one district, with the provision that city or 
town districts may be extended a reasonable distance outside the city: In re Tukwila 
School District, 111 Wash. 329. 

478. County superintendent to adjust property 

At the time of declaring any territory to be added to the limits of a school 
district embracing an incorporated city, as provided in section 477, the county 
superintendent shall make an equitable adjustment of all property, including 
current funds and taxes, and of all debts and liabilities between the districts 
involved, and shall certify his action to the board of county commissioners. 
Before making said adjustment, he shall give not less than ten days’ written 
notice to the directors of each district affected by such change, fixing the time 
and place of the hearing before him. (L. ’09, p. 269, sec. 2; R. C. S., sec. 4731; 
P. C., sec. 4923.) 

1. The question as to whethei' any detached territory is liable for any part of 
the payment of any bonded or other indebtedness of the district from which it has 
been detached depends upon the nature of the findings made by the county superin¬ 
tendent at the time the territory was detached. If such findings required that a 
certain portion of bonded or other indebtedness should be assumed by the detached 
territory, the property involved is liable, and levies should be made on the property 
involved to take up such indebtedness. If, however, in the adjustment the old district 
assumed all the indebtedness, the detached territory is in no way concerned with the 
prior indebtedness. (Atty. Gen., May 23, 1913.) 

479. County superintendent to hear testimony and adjust liabilities 

At such hearing the county superintendent shall hear testimony offered 
by any person or school district interested therein pertaining to the value and 
amount of any school property, of whatever nature, including current funds and 
taxes, involved in the proposed action, the assessed value of all taxable property 
in said district, the nature, amount and value of all bonded, warrant and other 




198 


Code of Public Instruction 


indebtedness of each school district affected by the action, including all legal 
uncompleted obligations then existing; and whenever the territory so added to 
the school district embracing such incorporated city, shall include a part only 
of the school districts from which such territory shall be taken, he shall con¬ 
sider the amount of outstanding indebtedness, of each of said school districts, 
incurred for current expenses, the amount incurred for permanent improvements 
and the location of such improvements, for the purpose of making such equitable 
adjustment of all property, debts and liabilities among the districts involved. 
He shall make a full report of his findings and terms of adjustment, and the 
decision of said county superintendent shall be final unless appealed from in 
the manner provided by law, in which case, the decision of the board of county 
commissioners shall be final. (L. ’09, p. 270, sec. 3; R. C. S., sec. 4732; P. C., sec. 

4924. ) 

Cross-references: Appeals no longer taken to county commissioners, sec. 411 ; 
basis of assessment of taxable property, sec. 781 et seq. 

480. District to retain corporate existence until liabilities are paid 

Whenever the territory so added to a school district, embracing an in¬ 
corporated city, shall include the whole of the school district from which such 
territory was taken, such district shall retain its corporate existence so far as 
necessary for that purpose, until its indebtedness as determined by such ad¬ 
justment shall have been paid in full, and the officers of the district embracing 
such incorporated city to which its territory shall have been added shall have 
the power, and it shall be their duty, to provide, by appropriate levies upon such 
old district or districts, for the payment of such indebtedness: Provided , That 
when such payment of indebtedness is fully made, the clerk of the district shall 
enter the fact upon the records of the district, and report the same to the county 
superintendent of schools. (L. *09, p. 270, sec. 4; R. C. S., sec. 4733; P. C., sec. 

4925. ) 

Cross-references: Penalty for failure of clerk to make report, sec. 588; school 
district tax levy, sec. 779. 


ARTICLE V—CONSOLIDATION OP DISTRICTS 

481. Consolidated districts defined. 

482. County superintendent may establish district. 

483. County superintendent to number and describe district. 

484. All boards to constitute new board until election. 

485. Organization of board and election of clerk. 

486. Directors of city district to constitute board. 

487. When district shall not be entitled to bonus. 

488. Transfer of funds—attendance credit—superintendent or prin¬ 
cipal. 

489. District to retain corporate existence until liabilities are paid. 

Cross-reference: Two or more contiguous or adjacent districts of the second class 
may form a consolidated district, sec. 463. 

481. Consolidated districts defined 

Any school district which has been formed by the consolidation of two or 
more school districts shall be designated as a consolidated school district 
(L. ’09, p. 264, sec. 5; R. C. S., sec. 4698; P. C., sec. 4902.) 

Cross-reference: Designation of districts, in general, sec. 462. 

1. Two consolidated school districts may unite to form a union high school 
district. (Atty. Gen., May 4, 1916.) 

2. A joint district cannot legally consolidate with other districts to form a 
consolidated district since such consolidation would result in the dissolution of the 
joint district under a procedure for which there is no statutory • authority. (Supt. 
Pub. Instr., Aug. 9, 1923.) 

482. County superintendent may establish district 

Upon receipt of a petition signed by five heads of families requesting the 
consolidation of two or more adjoining districts in the same county, the county 
superintendent shall call a special election of the voters of such school dis¬ 
tricts at some convenient place, by posting written or printed notices in like 






State of Washington 


199 


manner as is provided for calling annual school district elections, and said 
notices shall state the object for which the election is called. 

If a majority of the voters of each district shall vote to consolidate, the 
clerk of each district so proposing to consolidate, shall within ten days after 
the election notify the county superintendent of the holding of and the result 
of the election and the county superintendent shall, immediately after receipt 
of said notice organize and establish a consolidated school district and when 
such consolidated district shall have been established no new district shall be 
established out of any portion thereof, or any portion thereof changed to another 
district within five years from such consolidation. (L. ’15, p. 646, sec. 1; R. C. 
S., sec. 4734; P. C., sec. 4926.) 

Cross-references: Special elections, sec. 521 ; in class A counties and counties of 
the first class, sec. 532 ; posting of election notices in general, sec. 522 in districts of 
the first class, sec. 707. 

1. After the period allowed for appeal has expmed prior to the commencement of 
mandamus proceedings to compel the prosecuting attorney to test the validity of an 
order of the county superintendent consolidating school districts, inquiry cannot be 
made into the wisdom or policy of the order and only its validity can be questioned by 
such collateral attack since appeal is the proper method of questioning the merits of 
the order: State ex rel. Harris v. Ward . 69 Wash. 342. 

2. This section, authorizing the school superintendent to consolidate school dis¬ 
tricts upon the receipt of a petition signed by “five heads of families of two or more 
districts,” requires only five signatures from the entire territory, and not the signa¬ 
tures of five heads of families from each district: Id. 

3. In the absence of statutory authority the county superintendent has no power 
to dissolve a consolidated district on the ground that the two districts were consoli¬ 
dated without warrant or author^ of law, whether consolidation was legal or illegal, 
and such district can be dissolved only by order of a court of competent jurisdiction 
in quo warranto or other appropriate proceeding: Consolidated School District No. 
105 v. Jones, 69 Wash. 537. 

4. Two districts which are in different union high school districts cannot be 
consolidated: State ex rel. Bell v. Thaanum, 74 Wash. 58. 

5. It is not necessary that a person be a legal voter to be included within the 
term “heads of families.” (Atty. Gen. Ops., 1891-92, p. 162.) 

6. Any person who is actually the head of a family ; that is, who is under legal 
obligations to provide for the support and education of persons dependent upon him, 
and who is in fact providing for their education and support, is the head of a family 
for the purpose of signing petitions relating to school matters, whether he is a legal 
voter or not. Any person who is not the head of a family within the definition given 
above is not qualified to sign such petition, though he be a legal voter. (Atty. Gen. 
Ops., 1891-92, p. 162.) 

7. The “head of a family” as contemplated by the school code, is not confined to 
one who is under legal obligations to provide for the support and education of persons 
dependent upon him, but is one who is under legal obligations to provide for the sup¬ 
port or education of such persons. (Atty. Gen. Ops., 1897-98, p. 74.) 

8. The petition for formation of a consolidated district is sufficient when signed 
by five heads of families who reside any place within the territory proposed to be 
included in the consolidated district, and it is not necessary that the petition be signed 
by five heads of families in each district. (Atty. Gen. Ops., 1903-4, p. 196.) 

9. If two school districts, each having a school house, are consolidated and it is 
proposed to establish a school house site for the consolidated district, only a majority 
vote is required. (Atty. Gen. Ops., 1905-6, p. 28.) 

10. A consolidated district cannot be formed of districts lying in two or more 
counties. (Atty. Gen. Ops., 1905-6, p. 135.) 

11. A consolidated district can unite with another dstrict to form a union high 
school district. (Atty. Gen. Ops., 1905-6, p. 144.) 

12. The board of directors of one of the component districts of a consolidated 
district cannot make contracts which are binding upon the consolidated district. (Atty. 
Gen. Ops.. 1907-8, p. 534.) 

13. Consolidated districts are classified in the same manner as single school 
districts. (Atty. Gen. Ops., 1911-12, p. 216.) 

14. A district owning more than one schoolhouse is not required to maintain 
school in each building. (Atty. Gen. Ops., 1913-14, p. 452.) 

15. The directors of a consolidated district owning more than one schoolhouse 
have the authority without the vote of the district to designate w r hich school house or 
school houses school shall be held in, if they deem it advisable not to hold school in 
all of them, and they may dispose of school houses and sites which are no longer 
needed, in accordance with the procedure outlined in secs. 728 and 746. (Atty. Gen. 
Ops., 1913-14, p. 452.) 

16. Where the territory of one of the component districts of a consolidated 
district is transferred to another district or is formed into a new district and there¬ 
after consolidated with another district, failure to maintain school would result in 
voiding the action making the new district. (Atty. Gen. Ops., 1913-14, p. 479.) 

17. The county superintendent has no authority to call a second election without 
a new petition where the first election resulted in a tie vote. Where the result of an 
election is a tie, the question is-lost and the same status is maintained as existed at 
the time of the election. (Atty. Gen. Ops., 1917-18, p. 284.) 

18. If an election for the purpose of voting on the proposed consolidation of two 
school districts was void because of want of proper notice, the county superintendent 







200 


Code of Public Instruction 


has power to call a second election within a reasonable time after receipt of the 
petition without requiring a new petition. (Atty. Gen. Ops., 1917-18, p. 284.) 

19. A majority of the board, in the case of a consolidated district, may validly 
transact the business of the district. (Atty. Gen. Ops., 1917-18, p. 402.) 

20. Pending the court’s determination of an action for injunction to restrain 
consolidation of school districts, the consolidation pursuant to election should be 
recognized as effective unless restrained by an order of the court. (Atty. Gen. Ops., 


1919-20, p. 122.) , x , 

21. A consolidated district may unite with one or more other districts to form a 

union high school district. (Atty. Gen. Ops., 1919-20, p. 254.) . . 

22. This section contemplates that an election shall be held in each district in the 
proposed consolidated district. If a majority of the voters in each district do not 
vote to consolidate, the proposed consolidated district fails. (Atty. Gen. Ops., 1919-20, 
p. 312.) 

23. One of the component districts of a union high school district cannot be 
consolidated with a district outside of the union district. (Atty. Gen. Ops., 1921-22, 
p. 111.) 

24. An unincorporated community lying within two different consolidated districts 
formed less than five years ago automatically becomes a separate school district upon 
incorporating as a city of the third class. (Atty. Gen. Ops., Dec. 7, 1923.) 

25. Under sec. 474, relating to transfer of district territory, a district cannot be 
disorganized and its territory attached to another district so as to wipe out the 
corporate identity of the district; and two entire districts can be united only by con¬ 
solidating under the provisions of this and the following section unless the case falls 
within the provisions of sec. 514, relating to disorganization of depopulated districts. 


(Atty. Gen., Jan. 16, 1923.) 

26. When residents of a consolidated school district have petitioned for the 
formation of a separate district out of part of the consolidated district, and pending 
action upon the petition the consolidated district has voted bonds, the county superin¬ 
tendent may form the new district after the bonds have been voted. (Atty. Gen., 
Dec. 14, 1911.) 

27. A consolidated district may not join with another district to form a joint 
district within five years of the formation of the consolidation. (Atty. Gen., Oct. 8, 
1915.) 

28. Two districts which are included within different union high school districts 
cannot legally be consolidated unless they have first withdrawn from the respective 
union high school districts. (Atty. Gen., June 3, 1912.) 

29. In districts of the first class, notice of election for consolidation must be 
posted twenty days before the election. (Atty. Gen., Feb. 7, 1916.) See, however, 
sec. 540, enacted since this opinion was rendered, prescribing the period for posting 
notices of elections in class A counties and counties of the first class. 

30. In the matter of holding special elections for the purpose of consolidating 
two or more districts, the statute intends that the election in each district shall be 
held on the same date, although the several districts vote separately upon the question 
of consolidation. (Atty. Gen., Feb. 7, 1916.) 

31. Where a union high school district has been in existence for more than five 
years, the union district should be dissolved before vote is taken upon the question of 
consolidation of the constituent districts with a district not included in the union 
district. (Atty. Gen., May 4, 1916.) 

32. The law relating to consolidation of school districts contains no provision 
as to when a second election may be held on the same question after it has been 
defeated. The courts would not interfere to prevent the holding of another election 
in the absence of a showing that there would be a reckless and fruitless expenditure 
of funds of the district in a proposed holding of an election for the same purpose that 
has been recently and repeatedly defeated. (Atty. Gen., June 6, 1916.) 

33. If the proposal to consolidate three school districts received a unanimous 
vote in two of the districts and a tie vote in the third, the county superintendent, by 
transferring the territory of the district in which the vote was a tie to one of the other 
districts, cannot thereby effect the consolidation since it failed to carry at the election. 
(Atty. Gen., June 6, 1916.) 

34. The provision of this section that no district shall be established out of any 
portion of a consolidated district or any portion thereof changed to another district 
within five years after the consolidation does not apply to a district formed by con¬ 
solidation and in existence at the time of the enactment of ch. 182, Laws 1915, which 
amended this section to read in its present form. (Atty. Gen., Oct. 6, 1916.) 

35. The county commissioners have no power to set aside an election consoli¬ 
dating school districts. (Atty. Gen., Apr. 9, 1919.) 

36. If two districts which form a union high school district consolidate with a 
third district, the union high school district is dissolved, so that the third district 
would not become a part of the union high school district. (Atty. Gen., Apr. 21, 1919.) 

37. A person who has children under school age dependent upon him for support 
is a “head of a family” as that term is used in the school code. (Atty. Gen., July 
21, 1919.) 

38. If one district votes against consolidation in an election upon the question of 
consolidation of three districts, the whole scheme fails and the two districts which 
voted in favor of the consolidation do not become consolidated by virtue of such 
election. (Atty. Gen., July 6. 1920.) 

39. In case an election for submitting the question of consolidation of two dis¬ 
tricts is held in each district on the same date and the vote is favorable in one district 
and unfavorable in the other, the proposed consolidation fails and cannot be effected 
by a subsequent election held only in the district which voted unfavorably in the first 
instance. (Atty. Gen., July 6, 1920.) 






State of Washington 


201 


40. A union high school district and a consolidated school district cannot unite 
in bonding for a common school building. (Atty. Gen., Sept. 7, 1920.) 

41. The phrase “any portion” in this section means any part less than the whole 
and a consolidated district may consolidate with another district within the five-year 
period specified. (Atty. Gen., Mar. 9, 1921.) 

42. There is no procedure prescribed for withdrawal of a constituent part of a 
consolidated district. The only means by which such a result could be accomplished 
is through organization of a new district from the territory desiring to withdraw. 
(Atty. Gen., Apr. 7, 1921.) 

43. A site which has been legally selected by the voters of a consolidated district 
cannot be changed by less than two-thirds vote. (Atty. Gen., Apr. 21, 1921.) The 
foregoing opinion does not modify the previous opinion of the attorney general (Atty. 
Gen. Ops., 1905-6, p. 28) where in passing upon the original location of a school house 
after consolidation of two school districts it was held that a consolidated district 
became a new district and therefore the establishment of a school house site in such 
district was not a change of site. (Atty. Gen., May 2, 1921.) 

44. A consolidated district may at any time unite as a whole with other districts 
to form a larger consolidated district. (Atty. Gen., Apr. 23, 1921.) 

45. A Japanese, Chinese or other alien who is in fact the head of a family and a 
resident of the territory to be affected by transfer or by organization of a new school 
district has a right to sign the petition for transfer of texritory or organization of the 
new district. (Atty. Gen., Oct. 19, 1921.) 

46. A notice of election upon the question of consolidation of school districts 
which designated no hours for closing the polls is insufficient and the election resulting 
therefrom w r ould probably be held void if the question should be presented to the 
courts before vested rights had accrued. (Atty. Gen., Nov. 14, 1922.) 

47. Where tw r o districts voted in favor of consolidation in May and the county 
superintendent reported the new district as a consolidated district in the annual report 
for the year ending June 30, but did not file formal notice to the county commissioners, 
county treasurer and clerk of the new district until the 15th of July following, the 
district should be considered by the superintendent of public instruction as a con¬ 
solidated district for purposes of apportionment of funds. Sec. 482 does not specify 
the act to be performed by the county superintendent to organize and establish the 
consolidated district, but he should promulgate some form of order officially declaring 
the organization of the consolidated district. The steps outlined in secs. 483 and 4 85 
are not conditions precedent to the valid existence of the consolidated district, but are 
merely steps to be taken in the subsequent perfection of the district upon a working 
basis. (Atty. Gen., Nov. 5, 1923.) 

48. A consolidated district may at any time unite as a whole with other districts 
to form a larger consolidated district. (Supt. Pub. Instr., Apr. 23, 1921.) 

49. Sec. 514 does not limit the class of districts to which the disorganized terri¬ 
tory may be attached, and it may be attached to a consolidated district. It then 
becomes a part of the consolidated district. If it is attached to a district which later 
becomes part of a consolidated district, it becomes a part of the consolidation. (Supt. 
Pub. Instr., July 9, 1921.) 

50. The board of directors of a consolidated district may discontinue maintenance 
of one of the schools of the district, but may not change a school site without a two- 
thirds vote. (Supt. Pub. Instr., July 30, 1921.) 

51. If all territory in one county is transferred from a joint district embracing 
territory in two counties, the territory of three former districts in the other county, 
which were included in the joint district, would become a consolidated district if such 
territory were a consolidated district before the formation of the joint district. If 
not, it could become a consolidated district only by following the legal procedure for 
consolidation. (Supt. Pub. Instr., July 30, 1921.) 

52. The cost of printing ballots for an election on the question of consolidation 
should be charged to the respective districts. (Supt. Pub. Instr., Apr. 6, 1922.) 

483. County superintendent to number and describe district 

The county superintendent of any county in which new districts are formed 
by the uniting of ten [two] or more districts, or by the incorporating of any city 
or town lying partly in two or more school districts, shall upon being notified 
of such action by the board of directors of such new district, proceed to desig¬ 
nate such new district by a number not the same as that of either component 
district or of any existing district, and to make a record of the boundaries 
thereof, and he shall certify such facts to the board of county commissioners, 
to the county treasurer, and to the clerk of the new district formed. The county 
superintendent shall also divide such consolidated district into three directors’ 
districts which shall each comprise as nearly as possible one-third of the popu¬ 
lation of the consolidated district, and thereafter one director shall be elected 
from among the qualified electors of each such directors’ district by the qualified 
electors of the consolidated district. (L. ’15, p. 647, sec. 2; R. C. S., sec. 4738; 
P. C., sec. 4930.) 

Cross-reference: Designation and numbering of districts in general, sec. 462; 

each school district designated by a number, sec.- 462 ; county auditor to certify action 
of county superintendent to assessor, sec. 466 ; election of directors, sec. 515 et seq 

1 Consolidated school districts must be given a new number. (Atty. Gen., 
May 31, 1910.) 




202 


* • 

Code of Public Instruction 


2. A bond election is valid even though the county superintendent did not re¬ 
number the district until after the election. (Atty. Gen., July 18, 1911.) 

3. At the annual election following consolidation of two districts, neither of 
which contains an incorporated city, with one district containing an incorporated city, 
but one director is to be elected and he should be chosen from one of the directors’ 
districts other than those in which the two hold-over directors reside; but if the 
directors cannot be elected in this manner at such election, at the time of the division 
of the consolidated district into directors’ districts, the county superintendent should 
designate the district from which a director is to be elected, at the first annual election 
thereafter, and also the district from which the director is to be elected at the second 
annual election thereafter, neither of which districts will be the district of the member 
having the longest term to serve, and at the third annual election a successor to 
the director whose term then expires will be elected from the district in which the 
incumbent director resides. In the event that a division into districts is made so that 
the directors now incumbent reside in separate directors’ districts, the directors to be 
elected at the first and second annual elections should come from the respective dis¬ 
tricts in which the directors whose terms expire reside. The electors should be advised 
before the time of election to vote for but one director, who should be from some part 
of the district outside the former district which contained the incorporated city. The 
director so elected will serve with the two holdover members until the following 
annual election, when a director to succeed the director whose term then expires 
should be elected from the directors’ district not then respresented on the board. If 
such district was formed since the amendment of this section in 1915, the county 
superintendent should proceed at once to divide the district into directors’ districts if 
he has not already done so. (Atty. Gen., Feb. 28, 1918.) 

4. Where a consolidated district was formed in 1911, and after the amendment 
of this section in 1915 the county superintendent of schools divided it into directors’ 
districts, if one of two candidates for the position of director received the highest 
number of votes but does not reside within the district for which the vacancy occurs, 
while the other one does, the action of the county superintendent in dividing the 
district was without effect and the candidate receiving the greater number of votes, 
irrespective of the location of his residence within the district, is the duly elected 
director. (Atty. Gen., Mar. 16, 1921.) 

5. The county superintendent has no power to create directors’ districts in con¬ 
solidated districts formed before this section became effective. (Atty. Gen., Apr. 7, 
1921.) 

6. The requirement that the county superintendent give a consolidated district a 
number other than that of any of the component districts is mandatory. (Atty. Gen.. 
Feb. 7, 1923.) 

7. The provisions of this section for division of consolidated districts into 
directors’ districts do not apply to consolidated districts formed prior to its enactment. 
(Atty. Gen., Mar. 20, 1923; Mar. 16, 1921; Jan. 31, 1916.) 

8. Where two districts voted in favor of consolidation in May and the county 
superintendent reported the new district as a consolidated district in the annual report 
for the year ending June 30, but did not file formal notice to the county commissioners, 
county treasurer and clerk of the new district until the 15th of Julv following, the 
district should be considered by the superintendent of public instruction as a con¬ 
solidated district for purposes of apportionment of funds. Sec. 482 does not specify 
the act to be performed by the county superintendent to organize and establish the 
consolidated district, but he should promulgate some form of order officially declaring 
the organization of the consolidated district. The steps outlined in this section and 
sec. 485 are not conditions precedent to the valid existence of the consolidated district 
but are merely steps to be taken in the subsequent perfection of the district upon a 
working basis. (Atty. Gen., Nov. 5, 1923.) 

9. The division of the consolidation into directors’ districts under sec 483 is for 
election purposes. The three directors are elected by the qualified electors ’of • the 
entire consolidated district, and under the law will be charged with the administration 
of the affairs of the entire district. The removal of a director from his director’s 
district into another director’s district will not create a vacancy. (Supt. Pub. Instr., 
Jan. 17, 1923.) 


484. All boards to constitute new board until election 

When two or more districts are consolidated by the provisions of this act, 
or where two or more districts are consolidated by the uniting of two or more 
incorporated cities or towns, as provided by law, all the directors of the several 
districts so consolidated shall constitute the board of directors of the new dis¬ 
trict so formed, and shall have all the powers and authority conferred by the 
laws of this state upon school district directors, until the next annual school 
election in said district, at which time there shall be elected three directors for 
said district in the manner provided by law, who shall hold their respective 
offices as provided for the officers of new districts. (L. ’09, p 271 sec 2- R C S 
sec. 4735; P. C., sec. 4927.) 


Cross-references: District officers residing in territory of new district to be 
officers of such district, sec. 440, subd. 13 \ each incorporated city to be comprised in 
?. ne ., sc fi 0 °l district, sec. 463 ; alteration of district boundaries by extension of city 
limits, sec.. 477 et seq. , directors of city district to constitute board if component dis¬ 
trict contains an incorporated city, sec. 486 ; election of school directors, sec. 515 et sea. 

. The fact that where two districts are consolidated by the uniting of one or 
more incorporated cities or towns the board of directors will consist for a time of six 




State of Washington 


203 


members and that deadlocks are liable to occur does not argue against the organization 
and establishment of the district in the manner clearlv pointed out by law. (Atty. 
Gen. Ops., 1903-4, p. 200.) 

2. The provision of this section relating to consolidation of school districts by the 
uniting of incorporated cities or towns is not applicable to districts over ten thousand 
in population uniting with other like districts or with those of smaller population. 
(Atty. Gen. Ops., 1905-6, p. 197.) 

3. If a city consolidates with another city of over ten thousand population, the 
school board of the latter city has full jurisdiction for school purposes over the terri¬ 
tory embraced and the districts consolidated from the union of the two municipalities 
under the name of the latter city. (Atty. Gen. Ops., 1905-6, p. 197.) 

4. As the union high school district is necessarily composed of two or more 
districts, the extinguishment of the districts composing the union high school by 
merging into one city district would also dissolve the union high school district. 
(Atty. Gen. Ops., 1917-18, p. 346.) 

5. If two incorporated cities are consolidated the school districts of the two 
cities are necessarily merged into one district. (Atty. Gen. Ops., 1917-18, p. 346.) 

6. A majority of the board of directors of a consolidated district may transact 
the business of the district. (Atty. Gen. Ops., 1917-18, p. 402.) 

7. In an opinion rendered Nov. 22, 1918, the attorney general held that in the 
case of consolidated districts having very large boards of directors, a majority of the 
board may validly transact the business of the district. In our opinion the same rule 
applies in the case of union high school districts having boards of as many as twelve 
or fifteen members. (Supt. Pub. Instr., Sept. 27, 1920.) 

485. Organization of board and election of clerk 

When two or more school districts shall be united by the provisions of this 
act, the board of directors of the several districts shall, within thirty days 
thereafter, meet and organize the new board by the election of one of their 
number as president of the board. The board shall elect a clerk for said dis¬ 
trict, and the clerks of the several districts so united shall deliver to said 
clerk all books, papers and records belonging to their respective offices. The 
board may in its discretion require the superintendent, if there be one, of such 
consolidated district to act as clerk. The clerk of the new district thus formed 
shall immediately notify the county superintendent of the organization of the 
board of the new district. (L. ’3 5, p. 647, sec. 3; R. C. S., sec. 4741; P. C., sec. 
4933.) 

Cross-references: Penalty for failure of school officer to deliver books, papers and 
records to his successor, sec. 424 ; organization of boards of districts of the second 
class, sec. 726 ; of the third class, sec. 739. 

1. Where two districts voted in favor of consolidation in May and the county 
superintendent reported the new district as a consolidated district in the annual report 
for the year ending June 30, but did not file formal notice to the county commissioners, 
county treasurer and clerk of the new district until the 15th of July following, the 
district should be considered by the superintendent of public instruction as a con¬ 
solidated district for purposes of apportionment of funds. Sec. 482 does not specify 
the act to be performed by the county superintendent to organize and establish the 
consolidated district, but he should promulgate some form of order officially declaring 
the organization of the consolidated district. The steps outlined in sec. 4 83 and this 
section are not conditions precedent to the valid existence of the consolidated district 
but are merely steps to be taken in the subsequent perfection of the district upon a 
working basis. (Atty. Gen., Nov. 5, 1923.) 

486. Directors of city district to constitute board 

When two or more districts are consolidated, only one of which contains 
an incorporated city, the directors of the district which contains such incor¬ 
porated city shall become the directors for the consolidated district as soon as 
the consolidation is legally completed. (L. ’09, p. 271, sec. 4; R. C. S., sec. 
4737; P. C., sec. 4929.) 

Cross-reference: Directors of consolidated district which does not contain an 

incorporated city, sec. 4 84. 

1. The board of the incorporated city district is continued without interruption 
and each director is continued in office for the term for which he was elected. At the 
first annual election one director should be elected to take the place of the retiring 
member of the old city board. (Atty. Gen. Ops., 1911-12, p. 216.) 

487. When district shall not be entitled to bonus 

Whenever, by reason of detachments of territory subsequent to the forma¬ 
tion of a consolidated district, the boundaries of such district shall become 
practically co-extensive with the boundaries of a district prior to the formation 
of such consolidated district, it shall be the duty of the county superintendent 
to report such fact to the superintendent of public instruction at the time of 
making his annual report, and said district shall no longer be entitled to the 




204 


Code of Public Instruction 


bonus hereinafter provided for consolidated districts. (L. ’09, p. 271, sec. 3; 
R. C. S., sec. 4736; P. C., sec. 4928.) 

Cross-references: Annual report of county superintendent, sec. 440, subd. 11 ; 
consolidated district not to be altered within five years of its formation, sec. 482 ; 
consolidated district bonus, sec. 4 88 ; superintendents and principals of districts of the 
second class, sec. 731 ; apportionment of school funds, sec. 763 et seq. 

1. Where a new district has been formed from territory detached from two 
adjoining consolidated districts and subsequently consolidated with one of such con¬ 
solidated districts, the new consolidated district is not entitled to the consolidation 
bonus. (Atty. Gen. Ops., 1913-14, p. 224.) 

488. Transfer of funds—attendance credit—superintendent or principal 

All school districts formed by the uniting of two or more districts, as pro¬ 
vided for in this act, shall be entitled to the public property of school districts so 
united and to all current funds in excess of outstanding indebtedness, other than 
bonded indebtedness, and the county superintendent shall transfer all such 
excess funds to the new district, in accordance with this provision and shall 
certify such transfer to the county treasurer: Provided, That for the purpose 
of apportionment the consolidated district shall be considered one district: 
Provided, further, That for the purpose of apportionment the consolidated dis¬ 
trict shall be credited with two thousand days’ attendance in addition to actual 
attendance for each district, less one, so consolidated: Provided, further, That 
in order to be entitled to apportionment when two or more districts have con¬ 
solidated, the board of directors of such district shall elect a superintendent or 
principal who shall be subject to all conditions, duties and powers fixed by the 
code of public instruction for superintendents or principals in districts of the 
second class. (L. T9, p. 207, sec. 1; R. C. S., sec. 4739; P. C., sec. 4931.) 

Cross-reference: Every consolidated district to elect a superintendent, sec. 488. 

1. The bonus provided for in this section should be apportioned to consolidated 
districts formed prior to the enactment of the law granting the bonus. (Atty. Gen. 
Ops., 1903-4, p. 165.) 

2. When a county superintendent discovers that two districts, each containing an 
incorporated city, have consolidated in violation of sec. 463, and if the directors of 
the several districts are still acting as the board of the new district, he should treat 
the consolidation as absolutely void and recognize the respective boards acting for the 
consolidated district as the directors of their respective dstricts. But if the boards of 
the original districts have gone out of existence it would be necessary to appoint new 
boards of directors for the respective districts and apportion the money to such dis¬ 
tricts, disregarding the consolidation. (Atty. Gen. Ops., 1905-6, p. 202.) 

3. A school district may be consolidated with a consolidated district and the new 
district will be credited with two thousand days’ attendance in addition to actual 
attendance for each district less one included within the limits of the same, whether 
by one or more acts of consolidation. (Atty. Gen. Ops., 1913-14, p. 32.) 

4. In transferring the territory that was originally one of the component districts 
of a consolidated district to another consolidated district, the 2,000 days’ credit in 
attendance for apportionment purposes cannot be transferred. (Atty. Gen. Ops., 
1913-14, p. 479.) 

5. When a new district is organized out of the territory of one of the original 
component districts of a consolidated district, and is then consolidated with a con¬ 
solidated district, the new consolidated district is entitled to the additional 2,000 days’ 
credit in attendance for apportionment purposes. (Atty. Gen. Ops., 1913-14, p. 479.) 

6. Moneys received by a component district from the sale of bonds for erection of 
a school house cannot be taken over by the consolidated district. (Atty. Gen Ops., 
Jan. 16, 1923.) 

7. Moneys in the bond redemption fund remain the property of the component 
district. (Atty. Gen. Ops., Jan. 16, 1923.) 

8. A school district cannot become annexed in its entirety to another district 
under the statute authorizing the transfer of territory (sec. 474 et seq.) so as to lose 
its corporate identity. The only way in which such annexation can be accomplished is 
by consolidation (Isec. 4 82), unless the district falls within the provisions of this 
section. (Atty. Gen., Jan. 16. 1923.) 

9. Where a consolidated district has been formed after the first day of July, 
none of the funds apportioned to a component district thereof by the state and county 
superintendents upon the basis of the attendance of such component district as shown 
by the last annual report of the county superintendent may be transferred to the 
consolidated district until all of the outstanding general fund warrants of the com¬ 
ponent districts are paid. (Atty. Gen.. Sept. 29, 1923.) 

10. This section applies to apportionment of state and county funds alike (Attv 
Gen., Oct. 7, 1913.) 

11. Where a consolidated district in one county is joined with a district in another 
county, forming a joint district, it loses its bonus as a consolidated district. (Attv 
Gen., Nov. 12, 1915.) 

12. Surplus money in the general fund of one of the component districts of a 
consolidated district becomes the property of the consolidated district by the con¬ 
solidation and cannot be applied to mitigate the bonded indebtedness of the component 
district. (Atty. Gen., Feb. 3, 1912.) 



205 


State of Washington 


13. Where a consolidated district composed of three component districts is con¬ 
solidated with four other districts, making a new consolidated district including seven 
component districts, the new district is entitled to a credit of twelve thousand days. 
(Atty. Gen., June 21, 1917.) 

14. A consolidated district is entitled to funds of a component district raised by 
a special tax levy pursuant to special election for the purpose of constructing a school 
building, but such money cannot be placed in the general fund and cannot be used and 
expended for any purpose other than that for which it was voted by the electors of 
the component district. (Atty. Gen., Aug. 8, 1922.) 

15. A consolidated district is allowed 2,000 days’ attendance for each component 
district, less one so consolidated, plus the actual attendance for the entire consolidated 
district. (Atty. Gen., Aug. 11, 1922.) 

16. A consolidated district which has not received the bonus provided for 
in this section because the basis for such apportionment was not reported by the 
proper officers to the superintendent of public instruction cannot now obtain such 
apportionment, since the facts shown by the county superintendent’s report constitute 
the basis of apportionment and the amount of the apportionment is based on the 
certificate of the state auditor as to the amount of current state school funds on hand. 
(Atty. Gen., Aug. 11, 1922.) 

17. The board of directors of any consolidated school district may contract with 
the principal or superintendent for a term of one year, or a term of two years, as 
may be deemed best in their judgment. (Supt. Pub. Instr., Apr. 2, 1921.) 

18. A school site lawfully chosen by the voters of one of the component districts 
before consolidation may be used for school purposes by the consolidated district 
without further vote of the electors. (Supt. Pub. Instr., Apr. 17, 1921.) 

489. District to retain corporate existence until liabilities are paid 

Each school district composing said consolidated district shall retain its 
corporate existence so far as necessary for that purpose until its indebtedness 
has been paid in full, and the county commissioners shall have the power and 
it shall be their duty to provide by appropriate levies upon such old district or 
districts for the payment of such indebtedness: Provided, That when such 
payment of indebtedness is fully made the clerk of the district shall enter the 
fact upon the records of the district and report the same to the county superin¬ 
tendent of schools. (L. ’09, p. 272, sec. 7; R. C. S., sec. 4740; P. C., sec. 4932.) 

Cross-references: Penalty for failure of clerk to make report, sec. 588 ; school 
district tax levy, sec. 779. 

1. Where two school districts are each indebted in excess of two per cent of their 
taxable property as shown by the last assessment, and are consolidated, and the con¬ 
solidated district issues bonds in excess of three per cent of its taxable property, the 
issue is void, as being in excess of the constitutional limitation of five per cent of the 
taxable property in the consolidated district, as each district is subject to taxation as a 
separate entity for the purpose of paying its prior indebtedness: State ex rel. Zylstrci 
v. Clausen, 66 Wash. 324. 

2. Notwithstanding sec. 589 makes the prosecuting attorney the legal adviser of 
all school districts, a component district of a consolidated district formed with the 
advice of the prosecuting attorney may employ special counsel, where such counsel is 
employed upon the advice of the prosecuting attorney and the interests of the com¬ 
ponent districts are so antagonistic to each other that the prosecuting attorney could 
not properly represent the interests of all: State ex rel. Dysart v. Gage, 107 Wash. 282. 

3. There is no procedure for the withdrawal of a component part from a con¬ 

solidated district. The only means by which such a result could be accomplished 
would be organization of a new district* from the territory included within the com¬ 
ponent district. (Atty. Gen., June 18, 1915.) . x _ 

4 Land adjoining one of the component districts of a consolidated district, if 
transferred to the consolidated district, is not liable to assessment for the old indebted¬ 
ness of the component district. (Atty. Gen., Aug. 4, 1915.) 

5. A levy of more than one per cent cannot lawfully be made by the county 

commissioners to retire validated indebtedness of one of the component districts of a 
consolidated district. (Atty. Gen., July 14, 1917.) , 

6. W T here the territory of a school district of the third class in which no high 
schooi was maintained has been transferred to a consolidated district of the second 
class which bounds the district of the third class on three sides and contains a high 
school, the county superintendent in making property adjustment has no authority to 
provide that the property of the territory transferred shall be liable for the portion of 
the indebtedness existing against a component district of the consolidated district, and 
a levy made upon the transferred territory for the purpose of paying any part of the 
indebtedness of the component district is without legal authority and void. (Atty. 
Gen., Mar. 14, 1922.) 





206 


Code of Public Instruction 


ARTICLE VI—UNION HIGH SCHOOL DISTRICTS 

490. Union high school districts defined. 

491. Initial procedure of formation. 

492. The elections. 

493. Organization of the board of directors. 

494. Notices of organization. 

495. District may be enlarged. 

496. Course of study. 

497. Powers of directors and clerks. 

498. Apportionment to district. 

499. Taxpayers may appeal. 

500. Withdrawal from union district. 

Cross-references: Any two or more contiguous or adjacent districts of the second 
or third class may form a union high school district, sec. 463 ; designation of union 
high school district, sec. 492. 

400. Union high school districts defined 

Any school district established for the purpose of maintaining a high school 
by the union of two or more contiguous districts in the same county, shall be 
designated as a union high school district. (L. ’09, p. 264, sec. 7; R. C. S., sec. 
4700; P. C., sec. 4904.) 

1. A union high school district maintaining a four-year accredited high school 
falls within the first division of school districts regardless of whether or not it includes 
a city, and the textbooks of such district should be selected by the textbook com¬ 
mission and not by the county board of education. (Atty. Gen. Ops., 1915-16, p. 153.) 

2. Two consolidated school districts may unite to form a union high school 
district. (Atty. Gen., May 4, 1916.) 

3. Union high school districts should be classified in the same manner as single 
districts. (Supt. Pub. Instr., Oct. 16, 1922.) 

491. Initial procedure of formation 

Whenever the residents of two or more adjacent or contiguous school dis¬ 
tricts in the same county may wish to unite for the purpose of establishing a 
union high school, the clerks of the districts, by order of the boards of directors, 
shall, upon a written or printed petition of five or more heads of families of 
their respective districts, each submit in writing a statement of the proposed 
union of such districts together with the question of the advisability of the 
formation of such union school district to the county superintendent of schools, 
who shall within fifteen days report in writing to the said clerks his approval 
or disapproval, his action to be based upon an investigation made by him to 
determine whether or not either school district so applying already maintains 
or is capable itself of maintaining a high school without uniting with another 
district, or with other districts, or whether or not the educational and other 
conditions of the districts desiring to so *unite are such as to insure the main¬ 
tenance of a high school in fact according to the provisions of this article. (L. 
’09, p. 276, sec. 1; R. C. S., sec. 4754; P. C., sec. 4946.) 

1. Where a petition for the union of two school districts was not acted upon by 
the board of directors of one of the districts until more than a year after its presenta¬ 
tion to them, and in the meantime the board had submitted to vote another petition for 
a union of districts, including the two in the original petition with others, which was 
submitted to a vote of the district and rejected, the board would be without power 
to submit the original petition, since it must be deemed as waived by failure to act 
within a reasonable time, and by the act of submitting a later petition to popular 
vote: Peth v. Martin, 31 Wash. 1. 

2. Two districts which are in different union high school districts cannot be con¬ 
solidated: State ex rel. Bell v. Thaanum, 74 Wash. 58. 

3. The “head of a family” as contemplated by the school code, is not confined to 
one who is under legal obligations to provide for the support and education of persons 
dependent upon him. but is one who is under legal obligations to provide for the sup¬ 
port or education of such persons. (Atty. Gen. Ops., 1897-98, p. 74.) 

4. A union high school district cannot be formed by the union of school districts 
lying in different counties. (Atty. Gen. Ops., 1901-2, p. 10.) 

5. If a component district of a union high school district does not support a high 
school alone and independently of any other district, it falls within the second division 
for purposes of textbook adoption and the textbooks up to those used in the union 
high school should be selected by the county board. (Atty. Gen. Ops., 1905-6, p. 33.) 

6. This and the following sections pertain to the formation of union high schools, 
and have nothing to do with the consolidation of districts. (Atty. Gen. Ops., 1905-6, 
p. 340.) 






State of Washington 


207 


7. The status of a union high school district would not be affected by subsequent 
consolidation of the component districts. The school board of the consolidated district 
would act as the board of the union high school district. (Atty. Gen. Ops., 1907-8, 
p. 207.) But see note 16, this section. 

8. A consolidated district may unite with one or more other districts to form a 
union high school district. (Atty. Gen. Ops., 1919-20, p. 254.) 

9. One of the component districts of a union high school district cannot be con¬ 
solidated with a district outside of the union high school district, and such outside 
district could not by reason of the attempted consolidation automatically become a 
part of the union high school district. (Atty. Gen. Ops., 1921-22, p. 111.) 

10. A union high school district cannot be formed to include more than one 
incorporated city or town. (Atty. Gen., Feb. 8, 1915.) But see sec. 463 ante: Two 
or more districts of the second and third class may unite to form a union high school 
district. 

11. A union high school district does not assume any of the debts or credits of 
its component parts. (Atty. Gen.-, Feb. 14, 1919.) 

12. If two districts which form a union high school district consolidate with a 
third district, the union high school district is dissolved, so that the third district 
would not become a part of the union high school district. (Atty. Gen., Apr. 21, 1919.) 

13. A person who has children under school age dependent upon him for support 
is a “head of a family’’ as that term is used in the school code. (Atty. Gen., Julv 21, 
1919.) 

14. A Japanese, Chinese or other alien who is in fact the head of a family and a 
resident of the territory to be affected by transfer or by organization of a new school 
district has a right to sign the petition for transfer of territory or organization of the 
new district. (Atty. Gen., Oct. 19, 1921.) 

15. If two of the constituent districts of a union high school district composed of 
three or more districts are merged by consolidation of two or more cities or the 
annexation of territory to form a district of the first class, the union high school 
district would be dissolved, since such a district can be composed only of contiguous 
or adjacent districts of the second and third classes. A consolidation effected by the 
union of two third class cities so as to give the resulting municipal corporation a 
population entitling it to become a city of the first or second class would necessarily 
have the effect of advancing the classification of the school district resulting from 
such consolidation to a district of the first class, while a consolidation of the districts 
by a vote of the electors under sec. 482 would not. (Atty. Gen., Oct. 31, 1923.) 

16. If a union high school district is formed of two districts of the second class 
and one district of the third class, it would not be dissolved by the consolidation of 
the two districts of the second class wdthin the union high school district, if the 
classification of the districts resulting from the consolidation would not be advanced 
thereby, since the union high school district would still be composed of two constituent 
districts. (Atty. Gen., Oct. 31, 1923.) 


492. The elections 

If the county superintendent shall approve of the formation of the proposed 
union high school district, each of said clerks shall call a meeting of the voters 
of such school districts at some convenient place by posting written or printed 
notices in like manner as is provided for calling annual school district elections. 
If a majority of the voters of each district shall vote to unite for the purposes 
herein stated, the clerk of each district so proposing to unite shall, within ten 
days after the election, notify the county superintendent of the holding of and 
the result of the election, and the county superintendent shall, immediately 
after the receipt of said notices, designate such union high school district as 

“Union High School District No.. .County,” and shall 

so notify the clerks of the several districts so uniting. (L. ’09, p. 276, sec. 2; 
R. C. S., sec. 4755; P. C., sec. 4947.) 

Cross-references: Designation of districts, in general, sec. 462 ; posting of election 
notices, in general, sec. 522 ; in districts of the first class, sec. 707. 

1. In counties other than class A counties and counties of the first class elections 
for the formation of a union high school district in a port district containing a school 
district of the first class must be held on the first Saturday in December. (Atty. Gen. 
Ops., 1921-22, p. 103.) 

2. The county superintendent is not authorized to call an election for formation of 
a union high school district to consist of a lesser number of districts than those named 
in the petition. (Atty. Gen., Nov. 22, 1915.) 

3. Where petitions proposing the formation of a union high school district to 
consist of six districts have been circulated, and petitions properly signed by residents 
of only four of the districts have been returned to the county superintendent, he is not 
authorized to construe such petitions as calling for the formation of a union high 
school district consisting of the four districts presenting the petition, and to call an 
election for that purpose. The county superintendent is authorized to act only upon 
the presentation to him of the requisite petitions by each of the petitioning districts 
and then his action consists only of the approval or disapproval of the petitions. He 
is not authorized by statute to amend or modify them. (Atty. Gen., Nov. 22, 1915.) 

4. If a majority of the voters in each district do not vote in favor of the forma¬ 
tion of a union high school district the entire proposition fails and the county superin- 






208 


Code of Public Instruction 


tendent cannot legally make an order designating jis a union high school district such 
school districts as are adjacent and vote in favor of the proposition. (Atty. Gen., 
June 27, 1922.) 

493. Organization of the board of directors 

The boards of directors of the several districts so voting to unite shall 
constitute the board of directors of such union high school district, and shall 
within ten days after the elections at which the districts voted to unite meet 
and organize by electing one of their number president of the board, and select¬ 
ing their clerk for such union high school district, and the clerk and president 
chosen at such meeting shall hold their respective offices until the next annual 
school district election and until their successors are elected and qualified; and 
the election of president and clerk shall occur annually thereafter, on the second 
Saturday next succeeding the date at which the newly elected school district 
officers shall enter upon the discharge of their duties: Provided, That in union 
districts consisting of three or more school districts the board of directors of 
said union district shall be composed of the chairmen of the several boards of 
directors of the districts comprised in such union district. (L. ’09, p. 277, sec. 3; 
R. C. S., sec. 4756; P. C., sec. 4948.) 

Cross-references: Board of directors of enlarged union high school district, sec. 
495 ; annual elections in school districts, sec. 515 et seq. ; organization of boards and 
beginning of terms of directors of districts of the second class, sec. 725 ; of the third 
class, sec. 738. 

1. In matters within the power of the board of directors of a union high school 
district, there is no authority given the county superintendent of schools, or the super¬ 
intendent of public instruction, to cast a deciding vote in case of a tie. (Supt. Pub. 
Instr., June 16, 1914.) 

2. In case of union high school districts having very large boards of directoi’s, 
a majority of the board may validly transact the business of the district. But we are 
unable to find any provision of the code, which by express enactment or by necessary 
implication empowers boards of directors to elect a finance committee for the purpose 
of delegating to such committee the authorization to sign official papers requiring the 
signature of the members of the board. (Supt. Pub. Instr., Sept. 27, 1920.) 

494. Notices of organization 

The clerk of the union high school district shall within ten days after the 
organization of the district, by the election of a president and clerk, notify the 
county superintendent of the organization of said district, and the county super¬ 
intendent shall also, within ten days after receiving notice of the organization 
of the district, notify the county treasurer and county auditor of the fact of its 
organization, together with the numbers of the constituent districts and the 
names of the directors and clerk. (L. ’09, p. 277, sec. 4; R. C. S., sec. 4757; 
P. C., sec. 4949.) 

Cross-reference: County auditor to certify action of county superintendent to 
assessor, sec. 515 et seq. 

1. No definite rule can be laid down to govern the time within which a union 
high school must begin to maintain school, as it will depend upon how soon the neces¬ 
sary tax levy can be made to support the school, and this in turn will depend upon 
how soon the taxing year follows the organization of the district. (Atty. Gen. Ops., 
1921-22, p. 192.) 

495. District may be enlarged 

After the formation of a union high school district the boundaries of the 
same may be enlarged in the manner prescribed for the formation of the said 
union high school district: Provided, That the board of directors of the union 
high school district shall not be reorganized but that the chairman of the dis¬ 
trict, or the chairmen of the districts, so united to the union high school dis¬ 
tricts shall be added to the board of directors of the union high school until the 
next ensuing annual school election. (L. ’09, p. 277, sec. 5; R. C. S., sec 4758* 
P. C„ sec. 4950.) 

Cross-reference: Outline course of study to be prescribed by state board of educa¬ 
tion, sec. 17, subd. 7. 

1. No provision is made for the alteration of a union high school district or a de¬ 
crease in territory, outside of the enlargement of such district in the manner set forth 
above. After a district is once formed its dissolution is the only step that can be 
taken and then only after five years have elapsed from the date of the union. (Attv 
Gen. Ops., 1919-20, p. 175.) 

2. An attempted consolidation of one of the components of a union high school 
district with an outside district would not bring such outside district into the union 
district and such consolidation would be illegal. (Atty. Gen. Ops., 1921-22, p. 111.) 



State of Washington 


209 


3. To effect the enlargement of a union high school district by the addition of an 
adjoining district, approval of a majority of the voters of each of the constituent dis¬ 
tricts and the district or districts proposed to be added is required, and an election 
must be held in each such district. (Atty. Gen., Nov. 26, 1923.) 

496. Course of study 

The directors of such union districts shall determine what grade or grades 
above the grammar grade of the state common school course of study shall be 
pursued and maintained in such schools: Provided , That the course of study 
for all high school grades shall not be inconsistent with the laws of this state; 
and shall be such as the superintendent of public instruction shall approve. If 
local conditions admit of it the directors of any union high school district may, 
at their discretion, admit pupils residing in such union district, belonging to a 
grade lower than the high school grades, but no pupil belonging to a grade lower 
than the seventh shall ever be admitted to any such union high school. The 
teacher or teachers of such union high schools shall keep such records and make 
such reports as are required of teachers in the districts composing such union 
districts, and shall make such other reports as may be required by the superin¬ 
tendent of public instruction. (L. ’09, p. 278, sec. 6; R. C. S., sec. 4759; P. C., 
sec. 4951.) 

Cross-references: Teachers required to make report to county superintendent, sec. 
312 ; teachers to keep register, sec. 317 ; county superintendent to require reports of 
teachers, sec. 441; teacher’s warrant not to be registered before final report is made, 
sec. 851. 

1. The directors of a union high school district do not have the right to assume 
exclusive control over all seventh and eighth grade work within the union district. 
(Atty. Gen. Ops., 1921-22, p. 381.) 

2. A union high school district upon deciding to admit pupils of the seventh and 
eighth grades becomes “the public school of the district” within the meaning of sec. 
353, relating to compulsory attendance, if a component district discontinues these 
grades. But if the component district does not discontinue such grades a child in such 
component district cannot be compelled to attend any particular school and the union 
high school cannot be “the public school of the district in which the child resides” 
except when he is actually enrolled and in attendance. If, however, he is not so 
enrolled and in attendance at the union high school, the school of the component district 
becomes “the public school of the district in which the child resides.” (Atty. Gen. Ops., 
1921-22, p. 381.) 

3. Pupils in a component district of a union high school district who fail to pass in 
eighth grade grammar, might take this subject oyer and at the same time have the 
teacher of the component district teach them in ninth grade work, but they could not 
receive credit therefor as high school work until after passing the regular examination 
provided for in the union high school, and the component district would not be entitled 
to any portion of the union high school fund to pay additional compensation to the 
eighth grade teacher. Or both eighth grade grammar and ninth grade subjects might 
be given in the union high school. (Atty. Gen.. Sept. 19, 1910.) 

4. A rule of the state board of education providing that no high school grade 
or grades shall be established without the approval of the superintendent of public 
instruction would be limited as to union high schools by the provision of this section 
that the directors of the union district shall have power to determine what high school 
grades shall be maintained. (Atty. Gen., Oct. 13, 1914.) 

5. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school and tenth, eleventh and twelfth grades into 
a senior high school is inconsistent with numerous provisions of the school code. (Atty. 
Gen., Dec. 12, 1916.) 

6. The directors of a union high school district have no power to discontinue all 
high school grades. (Atty. Gen., Aug. 24, 1920.) 

7 After two districts have organized a union high school and provided for a 
schooi to be taught in one of the districts, the other district cannot provide for teaching 
high school grades and only one school can be maintained in which high school grades 
are taught. (Atty. Gen., Feb. 27, 1911; Apr. 28, 1922.) 

497. Powers of directors and clerks 

The board of directors and clerk provided for in the preceding section, shall, 
in all matters relating to the union high school of such district, possess all the 
powers herein provided for other school district officers, including the power to 
recommend special levies of taxes for the purpose of furnishing transportation 
to and from school and other additional school facilities for the union district, 
or for the payment of teachers’ wages, or for the purchase of fuel, supplies, 
globes, maps, charts, books of reference or other appliances for teaching, or for 
any or all of these purposes. They shall discharge all the duties and be gov- 



210 


Code of Public Instruction 


erned by the laws herein provided for school district officers. (L. ’09, p. 278, 
sec. 7; R. C. S., sec. 4760; P. C., sec. 4952.) 

Cross-references: Power of directors to provide for transportation, secs. 259 and 
582, subd. 11 ; Power and duties of school district officers generally, sec. 582 et seq. ; 
powers and duties of clerk, sec. 586 et seq. ; purchase of supplies, etc., in districts of 
the second class, sec. 727; in districts of the third class, sec. 740; school district tax 
levy, sec. 779; in districts of the second class, sec. 728; in districts of the third class, 
sec. 745. 

1. It is not illegal for a teacher to contract to superintend and teach school in 
both a union high school district and one of the component districts thereof where 
school of both districts is held in the same building; and he may lawfully be paid 
salary by the union district and by the component district: State ex rel. Brown v. 
McQuade, 36 Wash. 579. 

2. Where two school districts are each indebted in excess of two per cent of their 
taxable property as shown by the last assessment, and are consolidated, and the con¬ 
solidated district issues bonds in excess of three per cent of its taxable property, the 
issue is void, as being in excess of the constitutional limitation of five per cent of 
the taxable property in the consolidated district, as each district is subject to taxa¬ 
tion as a separate entity for the purpose of paying its prior indebtedness: State ex 
rel. Zylstra v. Clausen, 66 Wash. 324. 

3. A union high school district and its component school districts are treated in 
the statutes as separate entities for purposes of taxation and may levy an amount not 
to exceed the twenty mill limit which is applicable to all school districts, without regard 
to the levy in any of the component districts. (Atty. Gen., Jan. 4, 1917.) 

4. A union high school district and a consolidated school district cannot unite 
in bonding for a common school building. (Atty. Gen., Sept. 7, 1920.) 

5. A union high school district cannot legally incur indebtedness for the con¬ 
struction of a high school building if any constituent district has reached the five per 
cent debt limit prescribed by sec. 789. (Atty. Gen., Sept. 15, 1919 ; Feb. 17, 1923.) 

6. There is no provision of the law as to election notices relating specifically to 
union high school districts. Elections in such districts are held in accordance with 
the law applicable to other districts. In 'the case of a large union high school district 
it is well to post a notice in each of the component districts so that all voters may 
have reasonable notice. (Supt. Pub. Instr., July 30, 1921.) 

498. Apportionments to district 

Each union high school district shall be entitled to and shall receive appor¬ 
tionments from the state annual school fund in the manner provided by law for 
the apportionments from the state annual fund to other school districts. (L. ’09, 
p. 278, sec. 8; R. C. S., sec. 4761; P. C., sec. 4953.) 

Cross-reference: Apportionment of state school funds, sec. 763 et seq. 

1. When a pupil resident within a union high school district is admitted to a 
school of such district although belonging to a lower grade not below the seventh, 
such pupil is to all intents and purposes a resident of the union high school district 
and his attendance inures to the benefit of the union district for the purpose of appor¬ 
tionment of school funds. (Atty. Gen. Ops., 1901-2, p. 211.) 

2. Refusal to admit children to a high school in a high school district when their 
resident district does not maintain a high school would deprive the high school district 
of the bonus provided for in sec. 769 the same as though a tuition fee were charged. 
(Atty. Gen. Ops., 1915-16, p. 342.) 

3. A union high school district is entitled to a minimum apportionment from the 
state current school fund based on a credit of 2,000 days’ attendance, whether school 
was actually maintained during the preceding year or not, but no apportionment can 
be made of county school funds unless school was actually taught. (Atty. Gen. Ops . 
1921-22, p. 192.) 


499. Taxpayers may appeal 

In case any resident taxpayer shall feel aggrieved at the formation of a 
union high school district, or at the refusal of the county superintendent to 
approve of its formation, he shall be entitled to an appeal as provided in this 
act. (L. ’09, p. 279, sec. 9; R. C. S., sec. 4762; P. C., sec. 4954.) 

Cross-reference: Appeals, sec. 410 et seq. 

500. Withdrawal from union district 

When five or more years have elapsed from the date upon which two or more 
school districts united for the purpose of forming a union high school district, 
such union may be dissolved, if at a special election called by the board of 
directors of such union high school district for that purpose a majority of three- 
fifths of the vote cast at said election are in favor of dissolution. The liabilities 
and assets of the union high school district so dissolved shall be justly appor¬ 
tioned by the county superintendent among the various districts composing the 





211 


State of Washington 


union high school district. (L. ’13, p. 643, sec. 1; R. C. S., sec. 4763; P. C., sec. 
4955.) 

Cross-references: Special elections, sec. 521 ; in class A counties and counties of 
the first class, sec. 522. 

1. Two districts which are in different union high school districts cannot be con¬ 
solidated: State ex rel. Bell v. Thaanum, 74 Wash. 58. 

2. As the union high school district is necessarily composed of two or more 
districts, the extinguishment of the districts composing the union high school by mei'ging 
into one city district would also dissolve the union high school district. (Atty. Gen. 
Ops., 1917-18, p. 346.) 

3. Alteration of a union high school district by transfer of part of the territory 
of one of the component districts is illegal. (Atty. Gen. Ops., 1919-20, p. 175.) 

4. One of the component districts of a union high school district could not with¬ 
draw from the union district by an attempted consolidation with an outside district. 
(Atty. Gen. Ops., 1921-22, p. 111.) 

5. Two districts which are included within different union high school districts 
cannot legally be consolidated unless they have first withdrawn from the respective 
union high school districts. (Atty. Gen., June 3, 1912.) 

6. An adjustment of assets and liabilities made by the county superintendent 
upon the dissolution of a union high school district is not subject to review two years 
later. (Atty. Gen., Aug. 9, 1912.) 

7. Where a school district has withdrawn from a union high school district and 
no adjustment of assets or liabilities has been made at the time of withdrawal or at 
any time since, the territory composing the component district should be assessed to 
pay its propoi'tionate share of the interest and principal of bonds issued by the union 
high school district before its withdrawal as if it had never been withdrawn. (Atty. 
Gen., Sept. 20, 1912.) 

8. Withdrawal from a union high school district, organized under laws which 
have since been superseded, must be according to the procedure outlined in existing 
statutes with reference to such withdrawal. (Atty. Gen., Aug. 10, 1915.) 

9. A union high school district which has been in existence for more than five 
years should be dissolved before vote is taken upon the question of consolidation of the 
constituent districts with a district not included in the union district. (Atty. Gen., 
May 4, 1916.) 

10. The mere withdrawal of a district from a union high school district does not 
deprive the bondholder of his right to have the territory included within such district 
held as security for the payment of the bonds. His security remains the same as when 
the bonds were issued, although the apportionment of the debts and liabilities of the 
district included within the union high school district may impose the whole or a part 
of the obligation to raise revenue to pay such indebtedness upon the districts remaining 
in the union high school district. (Atty. Gen., Jan. 31, 1917.) 

11. If two districts which form a union high school district consolidate with a 
third district the union high school district is dissolved so that the third district would 
not become a part of the union high school district. (Atty. Gen., Apr. 21, 1919.) 

12. The county superintendent of schools has no authority to dissolve a union 
high school district because such district has not maintained a high school during the 
preceding year. (Atty. Gen., Apr. 21, 1919.) 


ARTICLE VII—JOINT DISTRICTS 

501. Joint districts defined. 

502. Joint district may be organized. 

503. Petition shall be presented. 

504. Superintendents shall post notices. 

505. Superintendent shall appoint directors. 

506. Shall file certificate and oath. 

507. How vacancies are to be filled. 

508. Transfers by mutual consent of superintendents. 

509. Superintendents to keep transcripts. 

510. Provisions for apportionments. 

511. Superintendents to hear testimony and adjust property. 

512. Commissioners to make levies to pay indebtedness. 

513. Reports to be made to each superintendent. 

501. Joint districts defined 

Any school district composed of territory in two or more counties shall be 
designated as a joint school district. (L. ’09, p. 264, sec. 6; R. C. S., sec. 4699; 
P. C., sec. 4903.) 

1. A joint district cannot legally consolidate with other districts to form a con¬ 
solidated district since such consolidation would result in the dissolution of the joint 
district under a procedure for which thei'e is no statutory authority. (Supt. Pub 
Instr., Aug. 9, 1923.) 





212 


Code of Public Instruction 


502. Joint district may be organized 

When the public good requires it, a school district may be formed of con¬ 
tiguous territory lying in two or more counties, and such districts shall be 
known as joint school districts. They shall be designated by a separate number 
for each county in which any portion of their territory may lie. (L. ’09, p. 273, 
sec. 1; R. C. S., sec. 4742; P. C., sec. 4934.) 

Cross-reference: Designation of districts, in general, sec. 462. 

1. A union high school district cannot be formed by the union of school districts 
lying in different counties. (Atty. Gen. Ops., 1901-2, p. 10.) 

2. A consolidated district cannot be formed of districts lying in two or more 
counties. (Atty. Gen. Ops., 1905-6, p. 135.) 

3. In issuing bonds for a joint district all of the property of the district including 
that lying within both counties must be taken into consideration in determining the 
taxable property of the district. (Atty. Gen. Ops., 1909-10, p. 20.) 

4. Although a district of the second class cannot be united with an adjoining dis¬ 
trict of the third class in another county to form a joint district, the contiguous terri¬ 
tory lying in the two counties which comprises in fact part or all of the territory of 
said districts may be formed into a joint district. (Atty. Gen. Ops., 1911-12, p. 208.) 

5. The jurisdiction of the county superintendent or other attendance officer does 

not extend beyond the county, and if a child living in a part of a county included in a 
joint district does not attend school, it is the duty of the county superintendent of 
that county, or the assistants appointed by the superintendent, to institute proceedings 
against persons violating the compulsory education law. (Atty. Gen. Ops., 1919-20, 
p. 22.) . . 

6. A consolidated district may not join with another district to form a joint 
district within five years of the formation of the consolidation. (Atty. Gen., Oct. 8, 
1915.) 

7. Where a consolidated district in one county is joined with a district in another 
county, forming a joint district, it loses its bonus as a consolidated district. (Atty. 
Gen.,'Nov. 12, 1915.) 

8. Territory not embraced in any school district may be united with the territory 
of a school district in an adjoining county to form a joint district. (Supt. Pub. Instr., 
May 15, 1920.) 


503. Petition shall be presented 

For the purpose of forming such joint districts, a petition shall be presented, 
drawn and signed as prescribed for the formation of other school districts, and 
a copy of such petition shall be presented to the county superintendent of each 
county affected by the formation of such proposed joint district. (L. ’09, p. 273, 
sec. 2; R. C. S., sec. 4743; P. C., sec. 4935.) 

Cross-reference: Form of petition for formation of new district, sec. 467. 

1. A Japanese, Chinese or other alien who is in fact the head of a family and 
a resident of the territory to be affected by transfer or by organization of a new school 
district has a - right to sign the petition for transfer of territory or organization of 
the new district. (Atty. Gen., Oct. 19, 1921.) 

504. Superintendents shall post notices 

The superintendents of all counties affected by the formation of the pro¬ 
posed joint district shall confer and shall mutually agree upon the time and 
place of investigating said petition, and upon such agreement each shall notify 
the school electors of the district or districts of his county affected by the 
formation of the proposed joint district, by posting notices as required in the 
formation of other school districts, one of which notices shall be posted upon the 
school house door of each district affected by the formation of the proposed 
joint district, and one of which shall be posted in some conspicuous place in 
the territory which it is proposed to include in the proposed joint district, in 
each county; and at the time and place mentioned in said notices the several 
superintendents shall meet and jointly investigate all matters pertaining to the 
formation of the proposed joint district. (L. ’09, p. 273, sec. 3; R. C. S., sec. 
4744; P. C., sec. 4936.) 

Cross-reference: Posting of notices for foi’mation of school districts, sec. 468. 

505. Superintendents shall appoint directors 

If at the investigation provided for in the preceding section the several 
county superintendents shall mutually agree that said district should be formed, 
they shall appoint a board of directors to serve until the next regular election, 
and the directors appointed shall qualify within ten days. At the next regular 





State of Washington 


213 


election a board of directors shall be elected as provided in the case of other 
new districts. (L. ’09, p. 274, sec. 4; R. C. S., sec. 4745; P. C., sec. 4937.) 

Cross-references: County superintendent empowered to appoint school officers for 
any new district, but school officers of the old district residing within the limits of the 
new one shall be such officers of the new one, sec. 440, subd. 13 ; election of directors in 
general, sec. 515 et seq. ; qualification of directors of districts of the second class, sec. 
724 ; of the third class, sec. 737. 

1. No appeal lies from the joint order of county superintendents forming a joint 
school district. (Atty. Gen., Mar. 19, 1912.) 

506. Shall file certificate and oath 

Every director or clerk of the joint district shall file his certificate of elec¬ 
tion and oath of office with the county superintendent of the county in which 
the school house is located, and his signature with the treasurer of the same 
county. (L. ’09, p. 274, sec. 5; R. C. S., sec. 4746; P. C., sec. 4938.) 

Cross-references: Oaths of district officers to be filed with county superintendent, 
sec. 441 ; oaths of office of directors to be attached to certificate of election, sec. 527 ; 
district officers may administer oath, sec. 579 ; directors and clerks to place signatures 
on file in the office of the county auditor, sec. 581. 

507. How vacancies are to filled 

Vacancies in the office of director of a joint district shall be filled by ap¬ 
pointment by the county superintendent in whose county the officer vacating 
resided while serving, and a copy of such appointment, with the oath endorsed 
thereon, shall be filed in the office of each county superintendent. (L. ’09, p. 
274, sec. 6; R. C. S., sec. 4747; P. C., sec. 4939.) 

Cross-reference: Power of county superintendent to fill vacancies, sec. 440, subd, 13. 

508. Transfers by mutual consent of superintendents 

After a joint school district has been formed, all transfers of territory to 
and from said district shall be made by mutual aggreement and joint action 
between the county superintendents of the several counties in which the terri¬ 
tory of said joint district shall be embraced, and all notices of such transfers 
shall be signed by all superintendents in whose counties the territory of the 
joint district shall lie. (L. ’09, p. 274, sec. 7; R. C. S., sec. 4748; P. C., sec. 4940.) 

Cross-reference: General provision for transfer of district territory, sec. 474 et seq. 

1. A joint district cannot legally consolidate with other districts to form a con¬ 
solidated district since such consolidation would result in the dissolution of the joint 
district under a procedure for which there is no statutory authority. (Atty. Gen., 
Aug. 9, 1923.) 

2. A part of a joint district cannot of its own volition withdraw from the district. 
Withdrawal can be effected only through joint action of the county superintendents of 
all counties affected. (Supt. Pub. Instr., Feb. 28, 1920.) 

3. If all territory in one county is transferred from a joint district embracing- 
territory in two counties, the territory of three former districts in the other county 
which were included in the joint district would become a consolidated district if such 
territory were a consolidated district before the formation of the joint district. If not, 
it could become a consolidated district only by following the legal procedure for con¬ 
solidation. (Supt. Pub. Instr., July 30, 1921.) 

509. Superintendents to keep transcripts 

The superintendents of the several counties affected by the formation of 
any joint school district shall make and keep a correct transcript of the entire 
boundary of such district, and shall certify the same to the county treasurer 
and county auditor of each county and all transfers of territory to or from 
such joint district shall likewise be certified to such officers, said certificates 
being signed by all county superintendents in whose counties any part of the 
territory of such joint district shall be located. A map of all joint districts 
formed under the provisions of this section shall be filed with the superintendent 
of public instruction within thirty days after the formation of such districts. 
Said maps shall indicate the number by which the district is designated in 
each county, and it shall also show the location of the school house in such 
district, if there be one. Said map shall be certified to by all county superin¬ 
tendents in whose counties any part of such joint district shall be embraced. 
(L. ’09, p. 274, sec. 8; R. C. S., sec. 4749; P. C., sec. 4941.) 

Cross-references: County superintendent to keep transcript of boundaries of dis¬ 
tricts including joint districts and may change, harmonize and describe them when 
they are conflicting or incorrectly described, sec. 440, subd. 12 ; duty of auditor to 
certify boundary changes to assessor, sec. 466. 




214 


Code of Public Instruction 


510. Provisions for apportionments 

For the purpose of the apportionment of state school funds the district 
shall be considered as belonging to the county in which the school building is 
located: Provided, That the county treasurer in whose county the school house 
is not located shall transfer quarterly all moneys to the treasurer of the county 
where the school house is located, and the same shall be placed to the credit of 
said joint district. (L. ’09, p. 275, sec. 9; R. C. S., sec. 4750; P. C., sec. 4942.) 

Cross-references: Apportionments are now made eight times a year instead of 
quarterly, sec. 763 ; joint district deemed as belonging to county in which the school 
house is located for matters relating to school bonds, secs. 800, 803 ; for levies of 
sinking funds, sec. 805. 

1. When by reason of failure of the clerk of a joint district to report the census 
to the superintendent of the county in which the school house is not located, the county 
commissioners of such county in levying the county school tax have failed to include 
in the estimate the ten dollars for each child of school age in the district belonging 
to their ’county, and the superintendent of the county in which the school house is 
located has received his regular report of the census but has failed to call for segrega¬ 
tion of the items contained therein with the result that the commissioners of his county 
have levied excessive taxes on the basis of estimates including pupils of the other 
county, the authorities of his county cannot recover from the other county the amount 
of such excess taxes. (Atty. Gen. Ops., Jan. 25, 1923.) 

2. The county commissioners of a county in which part of a joint school district 
is situated have no power to levy the non-high school district tax against that part of 
the joint district situated outside of their own county. (Atty. Gen. Ops., Nov. 6, 
1923.) 

511. Superintendents to hear testimony and adjust property 

At the hearing for the formation of a joint school district, the county 
superintendents shall, in case the petition is granted, hear testimony offered 
by any person or school district interested therein, for the purpose of finding 
and determining the amount and value of all school property of whatever nature 
involved in the proposed action, the nature and amount and value of all bonded, 
warrant and other indebtedness of the original school district or districts out 
of whose territory such joint district is formed, including all legal uncompleted 
obligations then existing, and in so doing shall consider the amount of such 
outstanding indebtedness incurred for current expenses, the amount incurred 
for permanent improvements, and the location of such improvements, and shall 
make an equitable adjustment of all property, debts and liabilities among the 
districts involved. 

They shall make a full record of all such findings and terms of adjust¬ 
ment and the decision of said county superintendent shall be final. (L. ’09, 
p. 275, sec. 10; R. C. S., sec. 4751; P. C., sec. 4943.) 

Cross-reference: County superintendent may administer oaths, sec. 440, subd. 9. 

1. Under the former statute providing for appeal to the county commissioners 
from certain decisions of the county superintendent, the decision of two county superin¬ 
tendents creating a joint district is final and there is no appeal therefrom to the com¬ 
missioners of one of the counties : State ex rel. School District v. Board of Com’rs, 
72 Wash. 454. 

2. When the county superintendents in forming a joint district and determining 
its boundaries act according to law their determination of the merits of the questions 
submitted to them is final, but when they do not so act their findings may be reviewed 
by any court of competent jurisdiction: Id. 

512. Commissioners to make levies to pay indebtedness 

When a joint school district is formed in the manner provided by this 
article, it shall be the duty of the board of county commissioners to provide by 
appropriate levies on the property of such joint district, in the manner pro¬ 
vided by law, for the payment of such indebtedness as may be imposed upon it 
by the decision of the county superintendents. (L. ’09, p. 275, sec. 11; R. C. S., 
sec. 4752; P. C., sec. 4944.) 

Cross-reference: Joint district deemed as belonging to county in which school 
house is located for levy of sinking fund, sec. 805. 

513. Reports to be made to each superintendent 

All reports from joint districts shall be made in full to the county superin¬ 
tendent of each county affected thereby: Provided*. That any county superin¬ 
tendent may order the segregation of any items of such report so as to show 
separately the numbers or amounts from each county affected thereby (L ’09 
p. 276, sec. 12; R. C. S., sec. 4753; P. C., sec. 4945.) 




State of Washington 


215 


ARTICLE VIII—DISORGANIZATION OF DISTRICTS 
514. Disorganization of district 

In case any school district shall have less than an average daily attendance 
of four pupils or shall not have maintained at least the minimum amount of 
school required by law during the last preceding school year, or in case of terri¬ 
tory which is not now a part of any school district, or in which there are no 
children of school age, the county superintendent shall have power to attach 
such territory to some contiguous school district or school districts without 
being petitioned to do so: Provided, That if any school district so disorganized 
shall have any outstanding bonds, warrants or other indebtedness the assessable 
property of such district shall be holden for the payment of such indebtedness 
(L. T9, p. 208, sec. 2; R. C. S., sec. 4764; P. C., sec. 4967.) 

Cross-references: School age defined, sec. 243 ; minimum term six months for dis¬ 
tricts, in general, sec. 244 ; for districts of the second class, sec. 270 ; transfer of terri¬ 
tory upon petition, sec. 474 et seq.\ transfer of district of the third class to surround¬ 
ing district maintaining high school, without petition, sec. 474. 

1. Where a school district is disorganized under the provisions of sec. 514 and 
the territory thereof attached to more than one existing district, the county superin¬ 
tendent should make an equitable division of the property among the districts affected 
in the manner provided for in sec. 475 and should divide money apportioned to the 
disorganized district upon the basis of the number of school children in the manner 
provided for in sec. 471. (Atty. Gen. Ops., 1913-14, p. 69.) 

2. The county superintendent may make a transfer upon his own motion and 
without petition, when the district from which the territory is detached has no children 
of school age resident therein. But if it contains any children of school age, a petition 
must be filed in the manner prescribed by sec. 474. (Atty. Gen. Ops., 1915-16, p. 353.) 

3. The power of the county superintendent to transfer territory without petition 
when there are no children of school age residing therein, is not limited by the pro¬ 
vision of sec. 474 that the board of directors may sign petitions in such cases. (Atty. 
Gen. Ops., 1915-16, p. 353.) 

4. Territory of a disorganized district does not assume a proportionate share of 
the bonded indebtedness of the district to which it is attached. (Atty. Gen. Ops., 
1919-20, p. 328.) 

5. A school district cannot pay for instruction of all its pupils in the school of an 
adjoining district and yet retain its corporate identity as a school district. (Atty. 
Gen. Ops., 1911-12, p. 100; 1921-22, p. 291.) 

6. The provisions of this section relating to adjustment of property rights and 
liabilities apply only when the county superintendent on his own motion and without 
filing of a petition disorganizes a school district for one of the causes mentioned herein, 
and has no application in case of transfer of territory upon petition, or of consolidation 
of districts. (Atty. Gen. Ops., Jan. 16, 1923.) 

7. Land adjoining one of the component districts of a consolidated district, if 
transferred to the consolidated district, is not liable to assessment for the old indebted¬ 
ness of the component district. (Atty. Gen., Aug. 4, 1915.) 

8. Where the county superintendent on June 30th dissolved a school district and 
attached its territory to another district and on the same date certified his action to 
the county auditor and no appeal was taken from such order, the county commissioners 
have no authority to order that such change shall be effective on the first day of 
January and to refuse to certify the change to the county assessor. (Atty. Gen., Dec. 
6, 1916.) 

9. The county superintendent is not authorized to dissolve school districts on 
account of poor financial management. The superintendent has only such powers in 
this connection as are given by this section. (Atty. Gen., June 21, 1917.) 

10. The county superintendent of schools has no authority to dissolve a union 
high school district because such district has not maintained a high school during the 
preceding year. (Atty. Gen., Apr. 21, 1919.) 

11. Where a district has only two pupils and no board of directors but has about 
one thousand dollars current funds on hand and has made a levy for the ensuing year, 
the county superintendent of schools, acting on behalf of the district, has no authority 
to expend current funds of the district to transport the two pupils to the school of an 
adjoining district. The proper procedure is to disorganize the district under the pro¬ 
visions of sec. 514. (Atty. Gen., Oct. 15, 1923.) 

12. A district not holding school cannot pay part of the salary of the teacher in 
another district. (Supt. Pub. Instr., Nov. 19, 1918.) 

13. The pow r er of a county superintendent to attach the territory of a district 
having an average attendance of four pupils to the territory of some contiguous district 
is discretionary, not obligatory, and he should be guided in each individual case by 
local circumstances. (Supt. Pub. Instr., July 23, 1919.) 

14. The power of the county superintedent to attach the territory of a district 

to a contiguous district in accordance with the provisions of sec. 514, is not limited by 
the fact that the district included in the attached territory has entered into a contract 
with a teacher. The school law necessarily enters into and becomes a part of the 
contract of the teacher, and it is the duty of the board of directors of the attached 
district to discharge the teacher in such a case. If the enlarged district then desires 
to obtain the services of the teacher it will be necessary for it to enter into a contract 
with her. (Supt. Pub. Instr., Sept. 24, 1919.) . xl 

15. “Average daily attendance” within the meaning of this section is the actual 
average daily attendance in the school of the district and does not include attendance 





216 


Code of Public Instruction 


of pupils living in the district but attending a school outside. (Supt. Pub. Instr., Dec. 

3 1920.) 

16. Since it would be impossible prior to the close of any school year to determine 
the average daily attendance of a district for that year, this section does not contem¬ 
plate that the county superintendent shall have authority to disorganize the district 
at any time prior to the end of the year, when the average daily attendance was less 
than four. (Supt. Pub. Instr., Mar. 25, 1921.) 

17. A district is not subject to summary disorganization where the term of the 

teacher’s contract was eight months but school was maintained for only seven months, 
provided that it has maintained an average daily attendance of more than four pupils 
for the entire time during which school was maintained. The law does not define the 
contract period as the measure of average daily attendance. (Supt. Pub. Instr., May 
6, 1921.) . ^ 

18. This section does not limit the class of districts to which the disorganized 
territory may be attached, and it may be attached to a consolidated district. It then 
becomes a part of the consolidated district. If it is attached to a district which later 
becomes part of a consolidated district, it becomes a part of the consolidation. (Supt. 
Pub. Instr., July 9, 1921.) 

19. This section must be construed as meaning an average daily attendance of 
four pupils of school age, or between the ages of six and twenty-one years and adult 
attendance could not be counted to meet the required number of pupils. (Supt. Pub. 
Instr., Dec. 22, 1921.) 


ARTICLE IX—ELECTIONS—IN GENERAL 

515. Election and eligibility. 

516. Qualifications of elective offices. 

517. Residents, who are. 

518. Absence on business as affecting residence. 

519. Who disqualified. 

520. Infamous crime, what is. 

521. Election of directors, when and where held. 

522. Notices of election. 

523. Organization of election board. 

524. Must vote by ballot. 

525. Qualifications of voters. 

526. Closing of polls—counting of ballots. 

527. Persons having highest number of votes elected. 

Cross-references: Election of county superintendent, secs. 430-431 ; county super¬ 
intendent to fill vacancies in case of failure to hold election, in general, sec. 440, subd. 
13; in districts of the second class, sec. 723; election required for formation of con¬ 
solidated district, sec. 482 ; for formation of union high school district, sec. 492 ; elec¬ 
tion of directors in joint districts, sec. 505 ; special school district meeting, sec. 528 
et seq. ; elections in class A counties and counties of the first class, sec. 531 et seq. ; 
elections in counties other than class A counties and counties of the first class in a 
port district containing a school district of the first class, sec. 543 et seq.; voting 
machines, sec. 548 et seq. ; contesting of eleotions, sec. 550 et seq. ; regular elections, 
sec. 563 et seq.; bond elections, sec. 599 et seq.; elections in districts of the first class, 
secs. 646-647 and 707 et seq. ^ election required to authorize adoption of free textbooks 
in districts of the first class, sec. 661, subd. 10 ; elections, when necessary to authorize 
sale of property in districts of the first class, sec. 663 ; elections for erection of build¬ 
ings in districts of the first class, sec. 664 ; elections to authorize tax levy in excess of 
the limit in districts of the first class, sec. 665 ; in districts of the second class, sec. 
728; in districts of the third class, sec. 735; elections to authorize erection of building 
or change of site, in districts of the second class, sec. 729; in districts of the third 
class, sec. 746 ; elections for validation of indebtedness, sec. 792. 

515. Election and eligibility 

Directors of school districts shall be elected at the regular annual school 
elections. No person shall be eligible to the office of school director who is not 
able to read and write the English language. (L. ’09, p. 285, sec. 1; R. C. S., 
sec. 4775; P. C., sec. 4978.) 

Cross-reference: Dates of regular annual school elections, secs. 521, 531, 532, 543. 

1. A man otherwise qualified to hold the office of director is not disqualified by 
reason of the fact that he was convicted of stealing sheep, which at the time of the 
offense was made a felony by special statute, where it appears that judgment was 
suspended by the court. (Atty. Gen. Ops., 1905-6, p. 290.) 

2. A director of a corporation, trust company, or light and power company is 
not ineligible to the office of school director. (Atty. Gen. Ops., 1913-14, p. 495.) 

3. The offices of school director and county treasurer are incompatible and cannot 
be held by the same person at the same time. (Atty. Gen. Ops., 1917-18, p. 38.) 

4. A county commissioner does not vacate his office by qualifying as a school 
director since there is no incompatibility between the two offices. (Atty. Gen., Mar. 
19, 1915.) 





State of Washington 


217 


5. A woman, who is a citizen of the United States and of this state, and other¬ 
wise qualified to be a school director, does not become disqualified by marrying an 
Indian who has not severed his tribal relations. (Atty. Gen., Apr. 20, 1915.) 

6. The fact that one of the directors of the district was not qualified to hold his 
office did not affect the legality of proceedings for the validation of outstanding 
warrants where it appears that he was elected in the regular manner to the office and 
assumed the exercise of official authority with the acquiesence of the community. 
(Atty. Gen., Sept. 30, 1915.) 

7. A county commissioner may serve as a school director during his term of 
office. (Atty. Gen., Apr. 3, 1916.) 

8. The prosecuting attorney is ineligible to hold the office of a director of a 
school district of the second class situated in the county wherein he is prosecuting 
attorney. (Atty. Gen., Apr. 1, 1921.) 

9. A school director, in addition to possessing the qualifications required by this 
section, must be a citizen of the United States. (Atty. Gen., May 5, 1916.) 

10. The offices of county auditor and school director cannot be held by the same 
person. (Atty. Gen., Apr. 2, 1921.) 

11. There is nothing in the law which would prohibit two members of the same 
family from serving as school directors in the same district. (Supt. Pub. Instr., 

Feb. 2, 1914.) 

12. There is nothing in the statutes that would prevent a school director from 
serving on the board of county commissioners. (Supt. Pub. Instr., Mar. 17, 1915.) 

13. There is no provision of the laws of this state which renders a rural mail 
carrier or any other employee in the postal service ineligible to the office of school 
director, provided that he is a resident of the district and is otherwise qualified for 
the office. (Supt. Pub. Instr., Mar. 21, 1922.) 

516. Qualifications of elective offices 

No person shall be competent to qualify for or hold any elective public 
office within the state of Washington, or any county, district, precinct, school 
district, municipal corporation or other district or political subdivision, unless 
he be a citizen of the United States and state of Washington and an elector of 
such county, district, precinct, school district, municipality or other district or 
political subdivision. (L. ’19, p. 390, sec. 1; R. C. S., sec. 9929; P. C., sec. 2078.) 

Cross-references: Directors of consolidated districts to be elected from three 

director divisions, sec. 483 ; qualifications of electors, sec. 525. 

517. Residents, who are 

For the purpose of voting, no person shall be deemed to have gained or lost 
a residence by reason of his presence or absence while employed in the service 
of the United States, nor while engaged in the navigation of the waters of this 
state, or of the United States, or of the high seas; nor while a student of any 
seminary of learning, nor while kept at any almshouse or other asylum, nor 
while confined in any public prison, excepting when serving out a sentence in 
the penitentiary for an infamous crime. (L. ’66, p. 25, sec. 2; R. C. S., sec. 
5110; P. C., sec. 2079.) 

518. Absence on business as affecting residence 

Absence from state on business, shall not affect the question of residence of 
any person: Provided, The right to vote has not been claimed or exercised 
elsewhere. (L. ’66, p. 25, sec. 4; R. C. S., sec. 5111; P. C., sec. 2081.) 

519. Who disqualified 

No idiot, or insane person, or persons convicted of any infamous crime, 
shall be entitled to the privilege of an elector. (L. ’66, p. 25, sec. 3; R. C. S., 
sec. 5112; P. C., sec. 2080.) 

520. Infamous crime, what is 

A crime shall be deemed infamous which is punishable by death or imprison¬ 
ment in the penitentiary. (L. ’66, p. 25, sec. 5; R. C. S., sec. 5113; P. C., sec. 
2082.) 

521. General elections—When held 

The election of school district directors shall, except as otherwise provided 
by law, be held on the first Saturday in March of each year, at the district 
school house, if there be one, or if there be none, or more than one, then at a 
place to be designated by the board of directors: Provided, That if a petition 
signed by not less than twenty-five per cent of the legal voters in any district 
asking that the date of the next annual election therein be changed, shall be 




218 


Code of Public Instruction 


filed with the county superintendent of schools not less than twenty days before 
such election, said superintendent shall fix a date within the first seven days of 
March, other than a Saturday, for the holding of such election and forthwith 
notify the clerk thereof and such election shall then be held upon the date so 
fixed in the manner and upon the notice that other like elections are held. 
Special school elections shall be called and conducted in the manner provided 
for calling and conducting annual elections. (L. ’15, p. 338, sec. 1; R. C. S., 
sec. 5021; P. C., sec. 5161.) 

Cross-references: Elections in class A counties and counties of the first class, 
sec. 531 et seq. ; elections in counties other than class A counties and counties of the 
first class in a port district containing a school district of the first class, sec. 543 

et seq. ; in districts of the first class, sec. 646 et seq. ; date of election in districts of the 

second class, sec. 721 ; for districts of the third class, sec. 734. 

1. Certiorari to the supreme court will lie to review a judgment in mandamus 

directing the clerk of a school district to call an election, where an appeal would be 
inadequate because of the necessity of giving notice of election before an appeal could 
be heard: State ex rel. Carpenter v. Superior Ct., 118 Wash. 664. 

2. The fact that boundaries of a school district are not coincident with boundaries 
of election districts as duly established in a county does not render the result of a 
school election uncertain, inasmuch as the qualification of the voter as a resident of 
the school district may be tested by the election officers: Id. 

3. The provision of this section for count and return is not unworkable and 
uncertain because of failure to provide for the canvassing of votes by a canvassing 
board, since the count and canvass of votes by the precinct officers and the return to 
custody of the district officers establishes a complete record of the vote from which 
the result of the election can be determined by computation : Id. 

4. The provisions of the general law for contesting of elections apply to elections 
of school officers. (Atty. Gen. Ops., 1911-12, p. 10.) 

5. Since no time is specified by the statute for special elections, such an election 
may be held in April in a second class district for the purpose of determining whether 
the district is authorized to make a levy in excess of one per cent of the taxable 
property for the current school year commencing July 1st. (Atty. Gen. Ops., 1919-20, 
p. 259.) See secs. 531 and 543, enacted after this opinion was rendered, providing 
that certain special elections shall be held on specified dates excepting as therein 
provided. 

6. There is no authority for calling a special school district election for submit¬ 
ting a question as to whether the directors shall maintain legal action to recover 
claims alleged to be due to the district. (Atty. Gen., Mar. 26, 1912.) 

7. Except in districts of the first class, school elections can be held in only one 
place, which place is the district schoolhouse ; but in districts where there is no school- 
house, or more than one, the board of directors must select a place for the holding of 
elections. (Atty. Gen., Aug. 1. 1917.) As to polling places where school district 
elections are held in conjunction with elections of other political subdivisions, see 
secs. 535 and 545, enacted since this ruling was rendered. 

8. The attorney general will not approve bonds of a district other than of the 
first class as a legal investment for the state permanent funds if the bond election 
was held at more than one polling place. (Atty. Gen., Aug. 8, 1917.) 

9. This section applies to the case of a large consolidated district of the second 
class in which there is more than one schoolhouse and the board of directors must 
designate a place for holding the election. (Atty. Gen., July 28, 1920.) 

10. Where the present revenues of a school district will be exhausted in March 
the district may hold an election to secure the consent of the electors to incur an 
indebtedness sufficient to cover the expense of maintaining school for the balance of 
the current year subject to the limitation that the proposed indebtedness shall not 
exceed one and one-half per cent of the assessed valuation of the district without the 
consent of three-fifths of the voters nor five per cent of the assessed valuation in any 
event. (Atty. Gen., Feb. 6, 1923.) 

11. The resolution providing for the calling of a school bond election may 
properly be passed at a special meeting of the board of directors. (Atty. Gen., Apr. 
5, 1923.) 

12. A school district is not entitled to apportionment for election day when 
school is closed that day by reason of the fact that the schoolhouse is used for a 
polling place. (Supt. Pub. Instr., Dec. 30, 1920.) 

13. An election cannot be set aside on grounds of illegality unless action is taken 
in court within ten days. (Supt. Pub. Instr., Jan. 8, 1921.) 

522. Notices of election 

The district clerk must give at least ten days’ notice of such school election, 
by posting or causing to he posted, written or printed notices thereof in at 
least three public places in the district, one of which must be the place of 
holding the election. Said notice must designate the place of holding the elec¬ 
tion, day of holding the election, hours between which the polls are to be kept 
open, names and offices for which persons are to be elected, and terms of office, 
with a statement of any other questions which the board of directors may desire 
to submit to the electors of said district. Notices must be signed by the district 
clerk “By order of the board of directors.” Unless otherwise designated in the 




State of Washington 


219 


notice of election, the polls shall be open at one o’clock in the afternoon and 
close at eight o clock in the afternoon, blit the board of directors may, in dis¬ 
tricts of the second or third class, previous to giving notice of election, determine 
on an hour before eight o’clock for closing, but they must not be closed earlier 
than four o'clock in the afternoon. In no case shall the polls be opened before 
the hour named in the notice, nor kept open after the hour fixed for closing the 
polls, but if there is not a sufficient number of electors present at the hour 
named for opening the polls to constitute a board of election, it shall be lawful 
to open the polls as soon thereafter as a sufficient number of electors is present. 
(L. ’09, p. 346, sec. 2; R. C. S., sec. 5022; P. C., sec. 5162.) 

Cross-references: County superintendent to give notice of election for formation 
of consolidated district, sec. 482 ; clerks to give notice of election for formation of union 
high school district, sec. 492 ; clerk to give notice of elections, sec. 587, subd. 6 ; secre¬ 
tary or clerk to post notices for election to validate indebtedness, sec. 791 ; notice of 
bond election, may specify maximum interest rate, sec. 815. 

1. Elections for the purpose of authorizing an increase of a debt of school dis¬ 
tricts may properly be held under the general provisions of law concerning the holding 
of annual and special school elections: Holmes <& Bull Furniture Co. v. Hedges, 13 
Wash. 696. 

2. A notice of election to determine the question of uniting school districts which 
fixes the opening of the polls at four o’clock p. m. and fails to designate the hour of 
closing is insufficient and violates the provision of this section: Peth v. Martin, 31 
Wash. 1. 

3. The meeting provided for in sec. 441 is not an election, no period for its dura¬ 
tion is prescribed, and notice fixing the time of meeting at 5 o’clock p. m. is sufficient: 
Regan v. School District No. 25, 44 Wash. 523. 

4. Where a majority vote has been cast in favor of issuing bonds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a school house with the proceeds of a special levy: Stim- 
so7i Timber Co. v. Mason County, 97 Wash. 205. 

5. Under sec. 531 et seq., which supersedes the general school election law in 
class A counties and counties of the first class, the clerks of school districts in such 
counties are neither required nor authorized to give notice of school elections, that 
duty being reposed in a board composed of the chairman of the board of county com¬ 
missioners, the county auditor and the prosecuting attorney: State ex rel. Carpenter v. 
Superior Court, 118 Wash. 664. 

6. Where the polls were not opened on time because of negligence of one of the 
election officers, the election is not invalid in the absence of further irregularity. (Atty. 
Gen. Ops., 1897-98, p. 79.) 

7. The fact that only nine days’ notice was given will not vitiate an election. 
(Atty. Gen. Ops.. 1911-12, p. 10.) 

8. An election is not invalidated by the fact that the polls were not opened until 
after 2 o’clock, although notice of election stated that the polls would open at 1 o’clock 
and at 1:30 o’clock there were more than three electors present at the polling place, and 
no attempt was made by any member of the school board to swear in the officers of 
election or open the polls until after 2 o’clock. (Atty. Gen., Apr. 20, 1920.) 

9. A notice of election upon the question of consolidation of school districts, 
which designated no hours for closing the polls, is legally insufficient and the election 
resulting therefrom would probably be held void if the question should be presented to 
the courts before vested rights had accrued. (Atty. Gen., Nov. 14, 1922.) 

10. The clerk of the school board is required to post notices of elections. It is 

not necessary for the board to order these notices, since that is a duty imposed upon 

the clerk by sec. 522. (Supt. Pub. Instr., Feb. 18. 1914.) 

11. The board of directors should designate the hours during which the polls 
are to be kept open at school elections, but if they fail so to designate, the polls shall 
be opened at 1 o’clock p. m. and closed at 8 o’clock p. m. (Supt. Pub. Instr.. Feb. 18. 
1914.) But see secs. 53’7 and 547 as to elections under laws combining elections of 
school districts with those of other political subdivisions, and sec. 708 as to districts 
of the first class. 

12. Special elections are held in accordance with the law governing annual elec¬ 
tions outlined in secs. 522 to 527, inclusive. (Supt. Pub. Instr., Sept. 17, 1919.) 

13. The district clerk is not required to file notice of a special election, or of 

any school election, with the county superintendent. He must post notices in accord¬ 
ance with the provisions of sec. 522. (Supt. Pub. Instr., Sept. 17, 1919.) 

14. There is no provision of the law as to election notices relating specifically to 
union high school districts. Elections in such districts are held in accordance with 
the law applicable to other districts. In the case of a large union high school district 
it is well to post a notice in each of the component districts so that all voters may 
have reasonable notice. (Supt. Pub. Insti*., July 30. 1921.) 

523. Organization of ©lection board 

At the hour fixed for opening the polls the electors present shall select 
two electors to act as judges of the election and one elector to act as clerk of 
the election, and the three selected shall constitute the election board; and no 
election shall he held unless an election board is so constituted and qualified. 
The judges and clerk aforesaid shall, before entering upon the duties of their 
office, severally take and subscribe an oath or affirmation faithfully to discharge 
the duties of such officers of election, said oath or affirmation to be administered 





220 Code of Public Instruction 


by any school officer or any other person authorized to administer oaths. The 
judges shall, before they commence receiving ballots, cause to be proclaimed 
aloud at the place of voting that the polls are now open. (L. ’09, p. 347, sec. 3; 
R. C. S., sec. 5023; P. C., sec. 5163.) 

Cross-references: County superintendent may administer oaths, sec. 440, subd. 9 ; 
school officers may administer oaths, sec. 579. 

1. Election officers in school districts of the second and third classes are not 
entitled to pay for their services. (Atty. Gen. Ops., 1919-20, p. 274.) But see secs. 
535 and 545, providing for compensation of officers of elections where elections of 
school districts are combined with elections of other political subdivisions. 

2. An election is not invalidated by the fact that the polls were not opened until 
after 2 o’clock, although notice of election stated that the polls would open at 1 o’clock 
and at 1:30 o’clock there were more than three electors present at the polling place, 
and no attempt was made by any member of the school board to swear in the officers 
of election or open the polls until after 2 o’clock. (Atty. Gen., Apr. 20, 1920.) 

524. Must vote by ballot 

The voting shall be by ballot. The ballots shall be of white paper of 
uniform size and quality containing the names of the persons for whom the 
electors intend to vote, and designating the office to which such person so 
named is intended by him to be chosen. Whenever any person offers to vote, one 
of the judges shall pronounce his name in an audible voice, and if there be no 
objection to the qualifications of such person as an elector, he shall receive 
the ballot in the presence of the election board and deposit the same without 
being opened or examined in the ballot box, and the clerk shall immediately 
enter the name upon the list headed “Names of voters.” (L. '09, p. 347, sec. 4; 
R. C. S., sec. 5024; P. C., sec. 5164.) 

Cross-references: Form of ballot for recall election, sec. 573 ; contents of ballot 
for election to authorize validation of indebtedness, sec. 791 ; form of ballot for bond 
election, sec. 799. 

1. Election returns showing that only thirty-seven out of one hundred and three 
votes were cast against the issuance of school bonds, are not sufficiently impeached by 
the affidavits of forty-six voters to the effect that they voted against the issue, where 
the ballots had been destroyed, and it appears that certain of such voters had made 
contradictory statements and others had made no concealment when voting and it 
was testified that their ballots were seen to be for bonds, and the officers publicly 
counted the ballots correctly after the election: Kinder v. School District No. 126, 68 
Wash. 410. 

2. The clerk should deliver certificates of election to directors who receive the 
highest number of votes, where the ballot used by the electors indicated the directors 
being voted for and following the names were the words, “three years and two years,” 
as the case might be, although the ballot did not specifically state that the person 
being voted for was voted for as director of the district for two years or three years, 
as the case might be, but simply contained the names and after the names “two years 
or three years” ; it appearing that no objection was made to the ballots and that they 
were regularly counted by the judges. (Atty. Gen. Ops., 1905-6, p. 285.) 

3. It is not necessary to nominate candidates for school director in third class 
districts. (Supt. Pub. Instr., Mar. 18, 1915.) But see sec. 538 concerning nominations 
of candidates in class A counties and counties of the first class. 

4. The cost of printing ballots for an election on the question of consolidation 
should be charged to the respective districts involved. (Supt. Pub. Instr., Apr. 6, 1922.) 


525. Qualifications of voters 

Every person, male or female, over the age of twenty-one years, who shall 
have resided in the school district for thirty days immediately preceding any 
school election, and in the state one year, and is otherwise, except as to sex, 
qualified to vote at any general election, shall be a legal voter at any school 
election, and no other person shall be allowed to vote: Provided , That registra¬ 
tion for purposes of school election shall not be required except in school dis¬ 
tricts of the first class. Persons offering to vote may be challenged by any 
legally qualified school elector of the district, and one of the judges of election 
shall thereupon, before receiving his vote, administer to the person challenged 
an oath in substance as follows: “You do swear (or affirm) that you are a 
citizen of the United States, that, you are twenty-one years of age, according 
to your information and belief, and that you have resided in this district thirty 
days next preceding this election, and in the state one year, and that you 
have not voted before on this day.” If he shall refuse to take the oath, his vote 
will he rejected. Any person guilty of illegal voting shall be punished as pro- 



State of Washington 


221 


vided in the general election laws of the state. (L. ’09, p. 348, sec. 5; R. C. S., 
sec. 5025; P. C., sec. 5165.) 

Cross-references: Qualification of electors, Const., art. 6, sec. 1; power of county 
superintendent to fill vacancies, sec. 440, subd. 13 ; qualification of electors in districts 
of the first class, sec. 710; registration in school districts of the first class, sec. 713; 
qualifications of voters at elections to authorize validation of indebtedness shall be 
same as prescribed for election of school officers, sec. 792. 

1. The law requiring registration of voters has no application to school elections: 
Luzador v. Sargeant, 4 Wash. 499. See, however, the following laws enacted since 
this case was decided: School district elections in districts of the first class, sec. 714; 
statutes combining elections of school districts with those of other political units, 
secs. 535 and 545. 

2. Women may vote at school elections: Id. 

3. Women have the right to vote in school elections in cities of ten thousand or 
more inhabitants held for the purpose of authorizing an increased debt limit, under 
Const., art. 6, par. 2, providing that there shall be no denial of the elective franchise 
at any school election on account of sex, and under Laws 1889-90, p. 377, par. 58, 
superseded by this section, providing that every person, male or female, possessing 
certain qualifications, shall be a legal voter at any school election: Holmes & Bull 
Furniture Co. v. Hedges, 13 Wash. 696. 

4. A residence of ninety days in the county for electors of districts of the first 
class is required but no such requirement is made for electors in other districts. 
(Atty. Gen., Apr. 22, 1918.) 

5. Members of a road gang who are temporarily in a school district and will 
return to their usual place of abode upon completion of the work are not residents of 
the school district within the meaning of this section. (Atty. Gen., Apr. 29, 1920.) 

6. Indians who have severed tribal relations and received allotments of land 
under the acts of congress providing for the citizenship of Indians upon such allot¬ 
ments, are entitled to vote if they possess all other necessary qualifications. The status 
of quarter- and eighth-blood Indians seems to depend upon their habits, customs and 
association with Indian peoples. (Atty. Gen., Apr. 15, 1922.) 

7. An alien who has taken out his first papers only is not entitled to vote at a 
school election. To be eligible to vote at a school election one must be a citizen of 
the United States. (Supt. Pub. Instr., Feb. 24, 1915.) 

526. Closing of polls—counting of ballots 

When the polls are closed, proclamation thereof shall be made at the place 
of voting, and no vote shall be afterward received. As soon as the polls are 
closed the judges shall open the ballot box and commence counting the votes, 
and in no case shall the ballot box be removed from the room in which the 
election is held until all the votes are counted. The counting shall be in public. 
The ballots shall be taken out one by one, by one of the judges, who shall open 
them and read aloud the name of each person contained therein, and the office 
for which said person was voted for. The clerk shall write down each office 
to be filled and the name of such person voted for such office, and shall keep 
the number of votes by tallies as they are read aloud by one of the judges. 
The counting of the votes shall continue without adjournment until all the votes 
are counted. No ticket shall be rejected on account of form or mistake in the 
initials, or spelling of names, if the judges can determine to their satisfaction 
the person voted for and the office intended. After the result of the election is 
duly canvassed and officially declared, the clerk of the election shall forward the 
poll sheet thereof to the county superintendent, who shall preserve the same on 
file in his office. (L. ’09, p. 348, sec. 6; R. C. S., sec. 5026; P. C., sec. 5166.) 

1. Where the notice of election, published by the clerk of a school district, notified 
the electors that the polls would be open until 7 p. m., instead of until 8 p. m., as the 
statute required, the clerk, being himself a candidate for re-election, cannot take ad¬ 
vantage of his own error and urge the illegality of the election : State ex rel. Bailey 
v. Smith, 4 Wash. 661. 

2. The successful candidate having received six hundred and fifty votes as against 
two hundred and eighty for the defeated candidate, the latter must allege and prove, 
in order to overthrow the election, that had the polls been kept open until 8 p. m. the 
result would have been different: Id. 

3. In a proceeding for an injunction to restrain the issuance of school district 
bonds, authorized at a special election for the purpose of erecting a high school build¬ 
ing, the final returns of the canvassing board, declaring the result, after canvassing 
the votes, regularly made and not impeached for fraud, nor attacked in any proceeding 
to obtain a review thereof, are final and conclusive on the courts as to the number 
of votes cast: Nichols v. School District, 39 Wash. 137. 

4. The duties imposed by this section upon a judge of an election in a district 
of the second or third class would disqualify a candidate for the office of director from 
acting in that capacity, but the fact that a candidate so acted would not invalidate 
the election in the absence of some showing of actual irregularities. (Atty. Gen. Ops., 
1921-22, p. 269.) 

5. The district clerk is not required to furnish a copy of the poll sheet, showing 
result of a school election, to the county commissioners. The poll sheet should be for- 





222 


Code of Public Instruction 


warded to the county superintendent as specified in this section. (Supt. Pub. Instr., 
Sept. 17, 1919.) As to procedure under laws combining elections of school districts 
with those of other political units see secs. 536 and 546. 

527. Persons having highest number of votes elected 

Persons having the highest number of votes given for each office shall be 
declared duly elected, and the clerk of election shall immediately make out 
and deliver to each person so elected a certificate of election. The clerk of 
election shall also make out a certificate showing the persons elected to each 
office at such election, with oaths of office of persons elected attached, and mail 
such certificates and oaths to the superintendent of schools of the county in 
which the election is held. If two persons have an equal and highest number 
of votes for one and the same office, they shall, within ten days after the election, 
appear before the clerk of election of said district and publicly decide by lot 
which of the persons so having an equal number of votes shall be declared 
elected, and the clerk of election shall make out and deliver to the person 
thus declared elected a certificate of his election, and notify the county superin¬ 
tendent of the county as before provided. If the persons above named do not, 
within ten days after election, thus decide, the office shall be declared vacant 
by the clerk of election, and the county superintendent shall, when notified of 
the vacancy, fill the same by appointment. (L. '09, p. 349, sec. 7; R. C. S., sec. 
5027; P. C., sec. 5167.) 

Cross-reference: County superintendent to require oaths of office to be filed in his 
office, sec. 441. 

1. A tie vote must be settled by lot as provided for in this section and it is 
immaterial in the absence of determination by lot that one of the candidates filed his 
oath of office while another did not. (Atty. Gen. Ops., 1897-98, p. 343.) 

2. Where the two candidates receiving the highest number of votes received an 
equal number and one announced that he would withdraw in favor of the other and. 
after the expiration of ten days the county superintendent filled the vacancy by ap¬ 
pointment the person so appointed is entitled to the office. (Atty. Gen. Ops., 1901-2. 
p. 189.) 

3. The clerk should deliver certificates of election to directors who receive the 
highest number of votes, where the ballot used by the electors indicated the directors 
b«ing voted for and following the names were the words, “three years and two years,” 
as the case might be, although the ballot did not specifically state that the person 
being voted for was voted for as director of the district for two years or three years, 
as the case might be, out simply contained the names and after the names “two years 
or three yeai’s” ; it appearing that no objection was made to the ballots and that they 
were regularly counted by the judges. (Atty. Gen. Ops., 1905-6, p. 2S5.) 

4. The law does not authorize the county superintendent to set aside an election 
and appoint school officers in place of those certified to be elected by the election 
board. The general law provides how elections may be contested, and these provisions 
apply to school as well as to other officers. (Atty. Gen. Ops., 1911-12, p. 10.) 


ARTICLE X—SPECIAL DISTRICT MEETINGS 

528. Board may call special meeting of electors. 

529. The meeting, how, when and where held. 

530. Board must obey directions. 

528. Board may call special meeting of electors 

Any board of directors may, at its discretion and shall, upon a petition 
of a majority of the legal voters of their district, call a special meeting of the 
voters of the district, to determine the length of time in excess of the minimum 
length of time prescribed by law that such school shall be maintained in the 
district during the year; to determine whether or not the district shall pur¬ 
chase any school house site or sites, and to determine the location thereof; 
or to determine whether or not the district shall build one or more school 
houses; or to determine whether or not the district shall maintain one or more 
free kindergartens; or to determine whether or not the district shall sell any 
real or personal property belonging to the district, borrow money or establish 
and maintain a school district library. (L. ’09, p. 349, sec. 1; R. C. S., sec. 5028* 
P. C., sec. 5168.) 

Cross-references: Minimum term to be six months, in general, sec. 244 ; in dis¬ 
tricts of the second class, sec. 732 ; authority of districts to maintain kindergartens, 
sec. 633 et seq .; authority of districts to establish libraries, sec. 641 et seq. ; minimum 
term to be eight months in districts of the first class, sec. 661, subd. 5; authorization 
for purchase of school house sites and location, or for sale of property, in districts of 






State of Washington 


223 


second class, sec. 729 ; in districts of the third class, sec. 746; issuance of school 
district bonds, sec. 798 et seq. 

, ,i V • T i^ e Provision of sec. 529 that the voting at a special meeting shall be by 
ballot is directory only, and authorization of the purchase of school grounds conferred 
upon the electors by vote of a special meeting is not invalid by reason of the fact 
that only a standing vote was taken, in the absence of evidence that the result of the 
vote did not fairly represent the will of the voters : State ex rel. School District No. 
56 v. Superior Court, 69 Wash. 189. 

2. In the absence of special meeting the directors have power and it is their duty 
to employ a teacher for such length of time in excess of the minimum term prescribed 
by law as m their judgment the finances of the district seem to warrant. (Atty. Gen. 
Ops., 1893-94, p. 35.) 

. 3. Purchase of a portable school house may be authorized at a special meeting. 

(Atty. Gen. Ops., 1903-4, p. 127.) 

4. If two school districts, each having a school house, are consolidated and it is 
proposed to establish a school house site for the consolidated district, only a majority 
vote is required. (Atty. Gen. Ops., 1905-6, p. 28.) 

5. The enumeration in this section of the different subjects which a special meet¬ 
ing may consider excludes any subjects not so mentioned. (Atty. Gen. Ops., 1905-6, 
p. 351.) 


6. A district cannot, after having once located its school house site, sell such site 
by majority vote, and then purchase another site by majority vote. (Atty. Gen. Ops., 
1911-12, p. 10.) 


7. Since no provision is made for submission of the question of providing free 
textbooks in a district of the first class at either a special meeting or a special election, 
this question must be submitted in such districts at the regular election. (Atty. Gen. 
Ops., 1911-12, p. 56.) 

8. The electors present at any special meeting of their district are authorized to 
adopt any form of procedure relating to the casting and counting of votes cast on any 
question covered by sec. 528, but the voting must be by ballot, and the ballots must be 
of white paper and of uniform size and quality. This is one of the subjects which 
could be included in the by-laws of a district. (Atty. Gen. Ops., 1911-12, p. 102.) 

9. Under this section the directors of a school district of the third class might 
be authorized by a vote of the electors of the district to sell an easement over a portion 
of the school grounds to be used for highway purposes for such consideration as is 
deemed sufficient by the electors. (Atty. Gen. Ops., 1911-12, p, 160.) 

10. A majority vote of the electors of the district at a special meeting which 
authorizes only the building of a school house does not confer upon the directors the 
power to incur indebtedness in excess of the limit fixed by sec. 784 but simply au¬ 
thorizes the directors to build such school house with the money available and in the 
event that it can be built without the incurring of an indebtedness. If the question 
of incurring indebtedness is submitted at a special school meeting it should be stated 
in such form that the voters will at least pass on the amount of the indebtedness to 
be incurred. (Atty. Gen. Ops., 1911-12, p. 302.) 

11. If the directors of a school district have been authorized to erect a school 
building and have levied a tax therefor, there is an implied power to issue warrants 
against a building fund for the purpose of constructing such schoolhouse. (Atty. Gen. 
Ops., 1911-12, p. 383.) 

12. Vote at a special meeting on a change of location of a school site once selected 
by the electors of the district cannot confer authority upon the directors to change 
such location, since'the vote for change of site must be at an annual or special school 
election as provided for in sec. 746. (Atty. Gen. Ops., 1913-14, p. 304.) 

13. Directors of a school district of the second or third class in addition to sub¬ 
mitting to the electors of their district the question of whether or not a site shall be 
purchased must also submit the question of the location of the site. (Atty. Gen. Ops., 
1915-16, p. 350.) 

14. In class A and first class counties a special tax levy cannot be authorized 
at a special meeting of the voters of a school district. Such authority can be given 
only by an election held on the first Tuesday after the first Monday in May. (Atty. 
Gen. Ops., 1921-22, p. 117.) See, however, sec. 532, enacted since this opinion was 
rendered, providing for special elections in cases of emergency. 

15. The special meetings provided for by this section are not elections and sec. 
532, which provides that school district elections in class A and first class counties 
shall be held on certain dates, has no application to such meetings except in so far as 
sec. 532 is limited by other laws so as to require elections for authority to do some of 
the things enumerated in this section. (Atty. Gen. Ops., 1921-22, p. 117.) 

16. In case a petition signed by a majority of the legal voters of a school district, 
requesting the calling of a special meeting of the school district electors for the pur¬ 
pose of considering any of the questions specified in sec. 528 is presented to the school 
board, the board must grant the request and call the special meeting. (Supt. Pub. 
Instr., June 16, 1914.) 

17. School directors have authority to determine the length of the school term, 
provided that it shall be at least six months, unless a special meeting of the voters 
of the district is called as provided for in sec. 528 to determine the length of time 
in excess of the minimum length of time prescribed by law that school shall be main¬ 
tained in the district. But if the meeting is called, and its purpose is specified in the 
resolution of the board, or the petition of the voters, to include determination of the 
length of the school term, the power to prescribe the length of the term passes into 
hands of the voters present at the meeting. (Supt. Pub. Instr., May 21, 1921.) 


529. The meeting, how, when and where held 

All such special meetings shall be held at the school house, if there be one, 
or if there be none, or more than one, then at such school house or place as 





224 


Code of Public Instruction 


the board of directors may determine. The voting shall be by ballot, the ballots 
to be of white paper of uniform size and quality. At least ten days’ notice of 
such special meeting shall be given by the district clerk, in the manner that 
notice is required to be given of the annual school election, which notice shall 
state the object or objects for which the meeting is to be held, and no other 
business shall be transacted at such meeting than such as is specified in the 
notice. The district clerk shall be clerk of the meeting, and the chairman of the 
board of directors or, in his absence, the senior director present, shall be chair¬ 
man of the meeting: Provided, That in the absence of one or all of said officers, 
the qualified electors present may elect a chairman or clerk, or both chairman 
and clerk, of said meeting as occasion may require, from among their number. 
The clerk of the meeting shall make a record of the proceedings of the meeting, 
and when the clerk of such meeting has been elected by the qualified voters 
present, he shall within ten days thereafter, file the record of the proceedings, 
duly certified, with the clerk of the district, and said records shall become a 
part of the records of the district, and be preserved as other records. (L. ’09, 
p. 350, sec. 2; R. C. S., sec. 5029; P. C., sec. 5169.) 

Cross-references: Notice of regular annual school elections, sec. 522 ; qualifications 
of electors, sec. 525. 

1. The meeting provided for in this section is not an election, no period for its 
duration is prescribed and notice fixing the time of meeting at 5 o’clock p. m. is suf¬ 
ficient: Regan v. School District No. 25, 44 Wash. 523. 

2. The provision of this section that voting shall be by ballot is directory only 
and a determination of the voters at a special meeting in favor of the purchase of 
additional grounds adjoining a. school site will not be set aside on the ground only that 
a standing vote was taken: State ex rel. School District No. 56 v. Superior Court , 69 
Wash. 189. 

3. Where the notice of a special meeting stated the selection of a school house 
site as one of the objects thereof the mere fact that the directors designated two par¬ 
ticular sites which they had in mind would not confine the choice of the electors present 
at such meeting to one of the sites so designated, and a majority haying voted in 
favor of a site other than those designated, it would be the duty of the directors to 
carry out their wishes. (Atty. Gen. Ops., 1915-16, p. 110.) 

4. Separate and distinct propositions may be submitted at one election, and on the 
same ballot, if the voter has the opportunity to express himself separately on each 
one. (Atty. Gen., May 23, 1911.) 

530. Board must obey directions 

It shall be the duty of every board of directors to carry out the directions 
of the electors of their districts as expressed at any such meeting. (L. ’09, p. 
350, sec. 3; R. C. S., sec. 5030; P. C., sec. 5170.) 

ARTICLE XI—ELECTIONS IN CLASS A COUNTIES AND COUNTIES OF 

THE FIRST CLASS 

531. County officers—date of election. 

532. District elections—date. 

533. Special elections. 

534. Terms of officers. 

535. Election board. 

536. Conduct of elections. 

537. Hours of voting. 

538. Nomination. 

539. Ballots. 

540. Notices. 

541. Defective proceedings ratified. 

542. Prior elections ratified. 

Cross-references: Election of county and district officers to be held biennially on 
the Tuesday succeeding the first Monday in November, Const., art. 6, sec. 8 ; legislature 
empowered to provide for election of county and district officers and to fix their terms 
of office, Const., art. 11, Sec. 5. 

531. County officers—Date of election 

All state and county elections in class A counties and counties of the first 
class, whether general or special, and whether for the election of federal, United 
States senatorial or congressional, or state, legislative, county or precinct 
officers, or for the submission to the voters of any question for their adoption 



99 


State of Washing ton 


and approval or rejection, shall be held on the first Tuesday after the first Mon¬ 
day of November, in the year in which they may be called: Provided, That this 
section shall not be construed as fixing the time for holding the elections for the 
recall of county officers or primary elections, nor special elections to fill vacancies 
for members of the congress of the United States or members of the state legisla¬ 
ture. (L. ’23, p. 172, sec. 1; R. C. S., sec. 51.43*; P. C., sec. 2120-1.*) 

532. District ©lections—Date 

All city, town, schoc 1 district, port district, park district, irrigation district, 
dike district, drainage district, drainage improvement district, diking improve¬ 
ment district, river improvement district, commercial waterway district, water 
district, and all other municipal and district elections whether general or 
special, and whether for the election of municipal or district officers or for the 
submission to the voters of any city, town or district of any question for their 
adoption and approval, or rejection, shall be held in class A counties and coun¬ 
ties of the first class on the second Tuesday in March, 1924, and thereafter in 
the year in which they may be called: Provided, That all such elections shall 
be held for the year 1923 on the first Tuesday after the first Monday in May: 
Provided further, That this section shall not be construed as fixing the time of 
holding elections for the recall of city, town or district officers: And provided 
further, That this section shall not be construed as repealing the provisions of 
any charter of any city of the first class providing for the election of persons 
receiving a majority of all votes cast for any office at a primary or first election; 
but such primary or first election shall be held two weeks prior to the general 
election provided for in this section, and shall be conducted by the election board 
provided for in this act: Provided, however, That said election board, when in 
their judgment an emergency exists, whenever requested so to do by a resolution 
of the governing board of any such municipality or district, may call a special 
election at any time in any such municipality or district, and at any such 
special election said board may combine, unite, or divide precincts for the pur¬ 
pose of holding such special election and every such special election so called 
shall be conducted and notice thereof given in the manner provided by law. 
(L. ’23, p. 172, sec. 2; R. C. S., sec. 5144*; P. C., sec. 2120-2.*) 

Cross-references: Date of elections, in first class districts not affected by this 
act or any other special acts, sec. 647 ; districts of the second class, sec. 722 ; districts 
of the third class, sec. 735 ; elections generally, sec. 521 ; elections in counties other 
than class A and first class counties in port districts containing a school district 
of the first class, sec. 543; recall elections, sec. 571 et seq. 

1. Under the rule that a statute should not unnecessarily be construed to 
shorten a term of office, under secs. 532 and 534, changing the time for holding certain 
municipal elections and providing for a different time for the beginning and ending 
of the terms, the incumbents at the time of the taking effect of the act hold to the 
end of the term for which they were elected, and until the time fixed for the com¬ 
mencement of the term of a successor; and the act was not intended to disturb the 
rotation of officers theretofore elected at different times. Secs. 532 and 534 changing 
the time for holding certain municipal elections and providing a later time for the be¬ 
ginning of terms, whereby incumbents hold over, do not violate Const., art. 11, sec. 8,. 
prohibiting the extension of the term of an officer beyond the term for which he was 
elected, where it appears that all such incumbents were elected for a named period 
of time “and until their successors are elected and qualified.” State ex red. Pendleton 
v. Superior Court, 119 Wash. 73. 

2. The special meetings provided for by sec. 528 are not elections and this 
section has no application to such meetings except in so far as it is limited by other 
laws so as to require elections for authority to do some of the things enumerated 
in sec. 528. (Atty. Gen. Ops., 1921-22, p. 117.) 

3 In class A and first class counties a special tax levy cannot be authorized 
at a special meeting of the voters of a school district. Such authority can be given 
only by an election held on the first Tuesday after the first Monday in May. (Atty. 
Gen. Ops., 1921-1922, p. 117.) See, however, the provision of this section, enacted 
since this opinion was rendered, providing for special elections in cases of emergency- 

533. Special elections 

Nothing in this act contained shall be construed as preventing the calling 
of a special election by the governor to fill a vacancy existing in any state office 
or the office of United States senator, representative in congress, for the senator 

—s 




226 


Code of Public Instruction 


or member of the house of representatives of the state of Washington, on any 
other dates than those above specified. (L. ’21, p. 180, sec. 3; R. C. S., sec. 5145; 
P. C., sec. 2120-3.) 

534. Terms of officers 

The term of every city, town and district officer elected under the pro¬ 
visions of this act shall begin on the first Monday in June following his election: 
Provided , however , That any person elected to office at the first election held 
under this act shall not take office until the expiration of the term of office of his 
predecessor: And provided further, That any person whose term of office shall 
expire prior to the holding of the first election under this act, shall continue to 
hold office until his successor is elected and qualified. (L. ’21, p. 180, sec. 4; 
R. C. S., sec. 5146; P. C., sec. 2120-4.) 

Cross-reference: Legislature empowered to provide for election of county and 
district officers and to fix their terms of office, Const., art. 11, sec. 5. 

1. Under the rule that a statute should not unnecessarily be construed to shorten 
a term of office, under secs. 532 and 534. changing the time for holding certain 
municipal elections and providing for a different time for the beginning and ending 
of the terms, the incumbents at the time of the taking effect of the act hold to the 
end of the term for which they were elected, and until the time fixed for the com¬ 
mencement of the term of a successor ; and the act was not intended to disturb the 
rotation of officers theretofore elected at different times. Secs. 532 and 534 changing 
the time for holding certain municipal elections and providing a later time for the 
beginning of the terms, whereby incumbents hold* over, do not violate Const., 
art. 11, sec. 8, prohibiting the extension of the term of an officer beyond the term 
for which he was elected, where it appears that all such incumbents were elected 
for a named period of time “and until their successors are elected and qualified.” 
State ex rel. Pendleton v. Superior Court, 119 Wash. 73. 

2. A contract of employment of a teacher in a county of the first class whose 
term of service begins after the first Monday in August cannot be made until after 
the first Monday in June since the election of directors in a county of the first 
class comes on the first Monday in June following the election. (Atty. Gen., Dec. 
12, 1921.) 


535. Election board 

The chairman of the board of county commissioners, the county auditor, 
and the prosecuting attorney in class A counties and counties of the first class, 
shall constitute an election board for all elections held under the provisions of 
this act, and it shall be the duty of such board to provide places for holding 
elections; to appoint the precinct election officers; to provide for their com¬ 
pensation; to provide ballot boxes and ballots or voting machines, poll books and 
tally sheets, and deliver them to the precinct election officers at the polling 
places; to publish and post notices of calling such elections in the manner pro¬ 
vided by this act and to apportion to each city, town or district, its share of 
the expense of such election. (L. ’23, p. 173, sec. 3; R. C. S., sec. 5147*; P. C., 
sec. 2120-5.*) 

Cross-reference: Voting machines, sec. 548 et seq. 

1. Where a majority vote has been cast in favor of issuing bonds at ant election 
subsequently held void for want of proper notice, such vote is not sufficient authori¬ 
zation to the directors to build a school house with the proceeds of a special levy. 
Stimson Timber Co. v. Mason County, 97 Wash. 205. 

2. The county election board should place upon the ballot not only the question 
of election of officers but also any other proposition which the officers of the district 
are authorized to submit to the voters thereof. State ex rel. Carpenter v. Superior 
Ct., 118 Wash. 664. 

3. Under sec. 531 et seq., which supersedes the general school election law in 
class A counties and counties of the first class, the clerks of school districts in such 
counties are neither required nor authorized to give notice of school elections, that 
duty being reposed in a board composed of the chairman of the board of county com¬ 
missioners, the county auditor and the prosecuting attorney: Id. 

4. The procedure prescribed by this section covers the submission of proposi¬ 
tions to incur indebtedness or make additional tax levies. (Atty. Gen., Mar. 10, 1922.) 

536. Conduct of elections 

The precinct election officers hereinabove provided for, shall conduct such 
elections and shall receive and deposit ballots cast thereat in the proper and 
respective ballot boxes and shall count said ballots and make returns thereof 
to the election board provided for in this act, which board shall constitute a 
canvassing board for all elections held under the provisions of this act: Pro- 




State of Washington 


227 


vided, however, There shall be but one set of precinct election officials in each 
precinct. (L. ’23, p. 174, sec. 4; R. C. S., sec. 5148*; P. C., sec. 2120-6.*) 

. electi ® n Precinct officers should make return of votes cast in a school 
election m class A and first-class counties to the clerk of the school board under 
“S 1011 su P ersedes the provisions of the general school election law 

m such counties. State ex rel. Carpenter v. Superior Ct., 118 Wash. 664. 

The provision of this section for count and return is not unworkable and 
uncertain because of failure to provide for the canvassing of votes by a canvassing 
board, since the count and canvass of votes by the precinct officers and the return 
to custody of the district officers establishes a complete record of the vote from which 
the result of the election can be determined by computation. Id. 


537. Hours of voting 

At every election held under the provisions of this act, the polls shall be 
kept open from eight o’clock a. m. to eight o’clock p. m. and all qualified electors 
who shall be inside of the polling place at eight o’clock p. m. shall be allowed to 
cast their ballots at such election. (L. ’21, p. 181, sec. 7; R. C. S., sec. 5149; 
P. C., sec. 2120-7.) 


538. Nomination 

All nominations for office to be voted for at any election held under the 
provisions of this act shall be filed not more than sixty (60) days and not less 
than thirty (30) days prior to the day of election, with the clerk or secretary 
of the governing board of any city, town or district, and by him certified to the 
election board at least twenty-five (25) days before the date of election: Pro¬ 
vided, however, That this section shall not apply to nominations of candidates 
nominated under the provisions of the state primary election law, or candidates 
nominated at any primary election held under the provisions of the charter of 
any city of the first class. (L. ’23, p. 174, sec. 5.) 


539. Ballots 


The governing board of any city, town or district, shall not less than forty- 
five (45) days before the date of any election to be held under the provisions of 
this act, certify to the election board a list of the offices to be filled at such elec¬ 
tion, and any such governing board, desiring to submit to the voters of such 
city, town or district any proposition for their approval and adoption, or rejec¬ 
tion, at any election to be held under the provisions of this act, shall require 
the clerk or secretary of such governing board to certify to the election board at 
least forty-five (45) days before the date of such election such proposition in the 
form of a ballot title of not to exceed twenty-five (25) words so formed as to 
enable voters favoring the proposition to vote “yes” and those opposed thereto 
to vote “no”; for example: 


Shall the city issue $500,000.00 of bonds for the Montlake Bridge?.. 


Shall the county seat be moved to Kelso?. 


’ Yes 


No 


’ Yes 


No 





Provided, however, That in the event any such proposition or question is occa¬ 
sioned by the provisions of any charter of a city of the first class to be published 
in full prior to the submission to the voters of such city, the clerk of such city 
shall at said time also certify to the election board such proposition or question 
in full, and the election board shall cause said proposition or question to be 
published in full in the official newspaper of, or in a newspaper of general cir¬ 
culation in, said city, once a week for four consecutive weeks, the date of first 
publication to be not less than thirty (30) days nor more than forty (40) days 
prior to the date of election, and such publication shall be deemed sufficient 
publication for the submission of any such proposition or question to the voters. 










228 


Code of Public Instruction 


the provisions of the charter of said city to the contrary notwithstanding. (L. 
'23, p. 174, sec. 6.) 

Cross-references: Board of directors designated as the governing board of school 
districts, secs. 462 and 463 ; form of ballot for recall elections, sec. 573 ; contents of 
notice of election for validation of indebtedness, sec. 791; contents of ballots, sec. 
792; ballot title for bond propositions, sec. 799. 

540. Notices 

The election board shall give notice of all elections to be held under the 
provisions of this act, by one publication in a newspaper of general circulation 
in the county, not less than thirty (30) days nor more than forty (40) days 
before the date of election, and by posting a copy of such notice at each polling 
place for such election nor [not] less than thirty (30) nor more than forty (40) 
days before the date of election. Said notice shall contain the time and place of 
holding said election; the hours during which the polls shall be open; the offices 
to be filled and the proposition to be voted upon at such election, and such 
notice shall be the only notice required of all elections to be held under the pro¬ 
visions of this act. (L. ’23, p. 176, sec. 7.) 

541. Defective proceedings ratified 

That in any case where there has been an attempt made to organize an irri¬ 
gation district, dike district, drainage district, drainage improvement district, 
diking improvement district, river improvement district, commercial waterway 
district, or water district, or to issue bonds or warrants for any such district, 
in any class A county or county of the first class, and where the proceedings 
had, in attempting to organize such district or to issue such bonds or to take 
any action in relation thereto, have been had and done substantially in com¬ 
pliance with the laws relating thereto in force prior to the taking effect of 
chapter 61 of the Laws of 1921 or in substantial compliance with the provisions 
of this act relating thereto, the proceedings and acts so had and done shall not 
be deemed to be invalid because of any limitation upon the time of holding such 
elections or proceedings established by chapter 61 of the Laws of 1921. (L. ’23, 

p. 176, sec. 8.) 

Note: Chapter 61, Laws 1921, is the original act relating to election in class A 
counties and counties of the first class, and is amended in part by chap. 53, Laws 1923. 

542. Prior elections ratified 

Any election held in any school district or in any district of the class 
enumerated in the preceding section in any class A county or county of the first 
class where the electors have authorized the issuance of bonds or warrants since 
the tenth day of June, 1921, are hereby ratified and any bond or warrant issued, 
or to be issued, in pursuance of said authority are hereby validated. (L. '23, p. 
176, sec. 9.) 

ARTICLE XII—ELECTIONS IN COUNTIES OTHER THAN CLASS A 
COUNTIES AND COUNTIES OF THE FIRST CLASS IN PORT 
DISTRICTS CONTAINING A SCHOOL DISTRICT 
OF THE FIRST CLASS 

543. Date. 

544. Terms of officers. 

545. Duties of county officers—apportionment of expenses. 

546. Conduct of elections. 

547. Hours of voting. 

543. Date of election 

All city, school district and port district elections, other than in class A 
and first class counties, whether general or special, and whether for the 
election of officers, or for the submission to the voters of such city, port district 
or school district, of any question for their adoption and approval or rejection, 
in any port district, containing a school district of the first class, shall be held 
on the first Saturday in December in the year in which they may be called: 
Provided, That this section shall not be construed as fixing the time for holding 




State of Washington 


229 


the elections for the recall of any city or district officers or primary election or 
special bond election. (L. ’21, p. 665, sec. 1; R. C. S., sec. 5150; P. C., sec. 2120-8.) 

Cross-references: Election of district officers to be held biennially on the Tuesday 
succeeding the first Monday in November, Const., art. 6, sec. 8; legislature empowered 
to provide for election of district officers and to fix their terms of office, Const., art, 
11, sec. 5 ; recall elections, sec. 571 et seq. ; special bond elections, sec. 799. 

1. This section applies only to city, school or port district elections held within 
the limits of a port district within which is located a school district of the first class, 
and compels the holding of all special and municipal elections, except as expressly 
excluded, in such districts at the same time as the general school and port elections 
are held. (Atty. Gen. Ops., 1921-22, p. 103.) 

2. Elections for the formation of a union high school district in a port district 
containing a school district of the first class must be held on the first Saturday in 
December. (Atty. Gen. Ops., 1921-22, p. 103.) 

3. Elections of a school district which is partly within and partly without a 
port district containing a school district of the first class should be held at the time 
fixed in this section. (Atty. Gen. Ops., 1921-22, p. 188.) 

4. A school district may lawfully hold special bond elections at any and all 
times of the year in so far as this section is concerned. (Atty. Gen., July 8, 1921.) 

5. A district which is not included in a port district containing a school district 
of the first class is not affected by the provision of this section and may before the 
first Saturday in December hold an election on the question of whether or not a 
school building shall be erected. (Atty. Gen., July 29, 1921.) 

6. If a special bond election of a district subject to the provisions of this sec¬ 
tion is held at a time other than the first Saturday in December secs. 545, 546 and 
547 have no application and the time and conduct of such an election is determined 
by laws as they existed prior to the passage of these sections. (Atty. Gen., Feb. 21, 
1922.) 

544. Terms of officers 

The term of every city, port district and school district officer elected under 
the provisions.of this act shall begin on the first Monday in January following 
his election: Provided, however, That any person elected to office at the first 
election held under this act shall not take office until the expiration of the term 
of office of his predecessor: And provided further, That any person whose term 
of office shall expire prior to the holding of the first election under this act shall 
continue to hold office until his successor is elected and qualified. (L. ’21, p. 
665, sec. 2; R. C. S., sec. 5151; P. C., sec. 2120-9.) 

545. Duties of county officers—Apportionment of expenses 

It shall be the duty of the chairman of the board of county commissioners, 
the county auditor and the prosecuting attorney in all city, town and district 
elections held under the provisions of this act to provide places for holding 
elections, to appoint the election officers, to provide for their compensation, to 
provide ballot boxes, ballot or voting machines, poll books and tally sheets, and 
deliver them to the election officers at the polling places, to publish and post 
notices of calling such elections in the manner provided by law, and to appor¬ 
tion to each city, town or district its share of the expense of such election. 
(L. ’21, p. 666, sec. 3; R. C. S., sec. 5152; P. C., sec. 2120-10.) 

Cross-references: Posting of school district election notices, sec. 522 ; voting 

machines, sec. 548 et seq. 

546. Conduct of elections 

The election officers hereinabove provided for shall conduct such election 
and shall receive and deposit the ballots cast thereat in the proper and respective 
ballot boxes and shall count said ballots and make return thereof to the proper 
officers of the respective cities, port districts and school districts in the manner 
provided by law: Provided, however, That there shall be but one set of election 
officers in each precinct. (L. ’21, p. 666, sec. 4; R. C. S., sec. 5153; P. C., sec. 
2120 - 11 .) 

Cross-references: Poll sheets of school district election to be delivered to county 
superintendent, sec. 526 ; certificates of election and oaths of office to be mailed to 
county superintendent, sec. 527. 

547. Hours of voting 

At every election held under the provisions of this act, the polls shall be 
kept open from eight o’clock a. m. to eight o’clock p. m., and all qualified electors 
who shall be inside the polling place at eight o’clock p. m. shall be allowed to 
cast their ballots at such election. (L. ’21, p. 666, sec. 5; R. C. S., sec. 5154; 
P. C., sec. 2120-12.) 







230 


Code of Public Instruction 


ARTICLE XIII—VOTING MACHINES 

548. Use of voting machines at elections. 

549. State board of voting machine examiners. 

548. Use of voting machines at elections 

At all state, county, city, town, township and district elections of any 
character, primary, general, special or otherwise, hereafter held in the state of 
Washington, ballots or votes may be cast, registered, recorded and counted by 
means of voting machines, as hereinafter provided. (L. ’13, p. 177, sec. 1; R. 
C. S., sec. 5300; P. C., sec. 2352.) 

Cross-reference: State voting machine committee, sec. 9. 

549. State board of voting machine examiners 

The governor, the secretary of state, and the state treasurer and their suc¬ 
cessors in office are hereby created and constituted the state board of voting 
machine examiners. It shall be the duty of said board to examine all makes of 
voting machines submitted to it and determine whether such machines comply 
with the requirements of this act, and can safely be used by voters at elections 
under the provisions of this act. Any person or corporation owning or being 
interested in a voting machine may submit same to said board for examination, 
and said board shall thereupon publicly examine and report upon such machine, 
pursuant to the provisions of this act. For the purpose of assistance in examin¬ 
ing such machine the said board may employ not more than three expert 
machinists at a cost of not more than ten dollars for each day employed. The 
compensation of said machinists shall be paid by the person or cprporation sub¬ 
mitting the machine. Within thirty days after completing the examination of 
any voting machine the board shall make and file with the secretary of state 
its report on such machines together with such written or printed description 
and such drawings and photographs as shall clearly identify such machine and 
the mechanical operation thereof; and within ten days after receiving such 
report, the secretary of state shall send a copy thereof to the county commis¬ 
sioners of each county, to the common council of each city, and to the board or 
governing body of each district or other municipality within the state. Any 
voting machine that shall receive the approval of a majority of said board may 
be used for conducting any or all elections subject to the provisions of this act. 
Any machine that shall not receive said approval shall not be adopted for or 
used at any election. After a voting machine has been approved by said board, 
any change, or improvement therein that does not impair its accuracy, efficiency, 
or capacity, shall not render necessary a re-examination or re-approval thereof. 
(L. ’13, p. 178, sec. 2; R. C. S., sec. 5301; P. C., sec. 2353.) 

Cross-reference: Powers and duties of state board of voting machine examiners 
vested in state voting machine committee, sec. 9. 

ARTICLE XIV—ELECTION CONTESTS 

550. Causes for contesting elections. 

551. Malconduct of judges, when sufficient to annul election. 

552. County election to be annulled only upon one condition. 

553. Election may be set aside on account of illegal votes. 

554. Person cannot contest election unless he is a qualified elector. 

555. Contestant. 

556. Sufficiency of testimony. 

557. Hearing of election contest. 

558. Other person than one returned may be declared elected. 

559. Costs, how to be awarded where election is confirmed. 

560. Costs, how to be awarded where election is annulled. 

561. Appeal may be taken to supreme court. 

562. Certificate of election becomes void, when. 

550. Causes for contesting elections 

Any elector of the proper county may contest the right of any person 
declared duly elected to an office to be exercised, in and for such county; and 



231 


State of Washington 


also any elector of a precinct may contest the right of any person declared duly 
elected to any office in and for such precinct, for any of the following causes: 

1. For malconduct on the part of the board of judges or any member 
thereof; 

2. When the person whose right to office is contested was not, at the time 
of election, eligible to such office; 

3. When the person whose right is contested shall have been, previous to 
such election, convicted of an infamous crime, by any court of competent juris¬ 
diction, such conviction not having been reversed, nor such person relieved from 
the legal infamy of such conviction; 

4. When the person whose right is contested has given to any elector or 
inspector, judge or clerk of the election, any bribe or reward, or shall have 
offered any such bribe or reward for the purpose of procuring his election; 

5. On account of illegal votes. (L. ’66, p. 42, sec. 1; R. C. S., sec. 5366: 
P. C., sec. 2121.) 

Cross-references: Eligibility for election as county superintendent, secs. 432 and 
433 ; eligibility for election to elective offices, in general, sec. 516; person convicted 
of any infamous crime not entitled to vote, secs. 519 and 520. 

1. The provisions of the general law for contesting of elections apply to elections 
of school officers. (Atty. Gen. Ops., 1911-12, p. 10.) 

551. Malconduct of judges, when sufficient to annul election 

No irregularity or improper conduct in the proceedings of the board of 
judges, or any one of them, shall be construed to amount to such malconduct as 
to annul or set aside any election, unless the irregularity or improper conduct 
shall have been such as to procure the person whose right to the office may be 
contested to be declared duly elected when he had not received the highest 
number of legal votes. (L. ’66, p. 43, sec. 2; R. C. S., sec. 5367; P. C., sec. 2122.) 

552. County election to be annulled only upon one condition 

When any election held for an office exercised in and for a county is con¬ 
tested on account of any malconduct on the part of the board of judges of any 
precinct election, or any member thereof, the election shall not be annulled and 
set aside upon any proof therof, unless the rejection of the vote of such precinct 
or precincts, shall change the result as to such office, in the remaining vote of 
the county. (L. ’66, p. 43, sec. 3; R. C. S., sec. 5368; P. C., sec. 2123.) 

553. Election may be set aside on account of illegal votes 

Nothing in the fifth ground of contest, specified in section 550 shall be so 
construed, as to authorize an election to be set aside on account of illegal votes, 
unless it shall appear that an amount of illegal votes has been given to the 
person whose right to the office is contested, which, if taken from him, would 
reduce the number of his legal votes, below the number of votes given to some 
other person for the same office, after deducting therefrom the illegal votes 
which may be shown to have been given to such other person. (L. ’66, p. 43, sec. 
4; R. C. S., sec. 5369; P. C., sec. 2124.) 

1. The successful candidate having received six hundred and fifty votes as against 
two hundred and eighty for the defeated candidate, the latter must allege and prove, 
in order to overthrow the election, that had the polls been kept open until 8 p. m. 
the result would have been different: State ex rel. Bailey v. Smith, 4 Wash. 661. 

554. Person cannot contest election unless he is a qualified elector 

No person shall be competent to contest an election unless he is a qualified 
elector of the district, county, or precinct, as the case may be, in which the 
office is to be exercised. (L. ’66, p. 43, sec. 5; R. C. S., sec. 5370; P. C., sec. 
2125.) 

Cross-references: Legislature empowered to provide for election of district officers 
and to fix their terms of office, Const., art. 11, sec. 5 ; qualifications of voters at school 
district elections, sec. 525. 

555. Contestant 

W 7 hen any such elector shall choose to contest the right of any person de¬ 
clared duly elected to such office, he shall, within ten days after such person 




232 


Code of Public Instruction 


shall have been declared elected to such office, file with the clerk of the superior 
court of the county a written statement setting forth specifically,— 

1. The name of the party contesting such election, and that he is a quali¬ 
fied elector of the district, county, or precinct, as the case may be, in which such 
election was held; 

2. The name of the person whose right to the office is contested; 

3. The office; 

4. The particular cause or causes of such contest, which statement shall be 
verified by the affidavit of the contesting party that the matters and things 
therein contained are true, as he verily believes. (L. ’66, p. 43, sec. 6; R. C. S.* 
sec. 5371; P. C., sec. 2126.) 

556. Sufficiency of testimony 

When the reception of illegal votes is alleged as a cause of contest, it shall 
be sufficient to state generally that illegal votes were cast, which,' if given to 
the person whose election is contested in the specified precinct or precincts, will, 
if taken from him, reduce the number of his legal votes below the number of 
legal votes given to some other person for the same office; but no testimony 
shall be received of any illegal votes unless the party contesting such election 
shall deliver to the opposite party, at least three days before such trial, a 
written list of the number of illegal votes and by whom given, which he intends 
to prove on such trial, and no testimony shall be received of any illegal votes, 
except such as are specified in such list. (L. ’66, p. 44, sec. 7; R. C. S., sec. 
5372; P. C., sec. 2127.) 

557. Hearing of election contest 

Said court shall meet at the time and place designated to determine such 
contested election, by the rules of law, and evidence, governing the determination 
of questions of law and fact, so far as the same may be applicable, and may 
dismiss the proceedings if the statement of the cause or causes of contest is 
insufficient, or for want of prosecution. After hearing the proofs and allegations 
of the parties, the court shall pronounce judgment in the premises, either con¬ 
firming or annulling and setting aside such election, according to the law and 
right of the case. (L. ’66, p. 45, sec. 12; R. C. S., sec. 5377; P. C., sec. 2132.) 

1. In case there is a doubt as to the legality of a school election, the only au¬ 
thority that has power to investigate and determine the validity of the election is the 
superior court for the county in which the irregularities occurred. (Supt. Pub. Instr., 
Mar. 13, 1914.) 

558. Other person than one returned may be declared elected 

If in any such case it shall appear that another person than the one returned 
has the highest number of legal votes, said court shall declare such person duly 
elected. (L. ’66, p. 45, sec. 13; R. C. S., sec. 5378; P. C., sec. 2133.) 

559. Costs, how to be awarded where election is confirmed 

If the proceedings are dismissed for insufficiency, want of prosecution, or 
the election is by the court confirmed, judgment shall be rendered against the 
party contesting such election for costs, in favor of the party whose election is 
contested. (L. ’66, p. 45, sec. 15; R. C. S., sec. 5379; P. C., sec. 2135.) 

560. Costs, how to be awarded where election is annulled 

If such election is annulled and set aside, judgment for costs shall be 
rendered against the party whose election was contested, in favor of the party 
contesting the same. (L. ’66, p. 45, sec. 16; R. C. S., sec. 5380; P. C., sec. 2136.) 

561. Appeal may be taken to supreme court 

Either party, feeling himself aggrieved by the judgment of said court, may 
appeal therefrom to the supreme court, as in other cases of appeal thereto. 
(L. ’66, p. 46, sec. 18; R. C. S., sec. 5381; P. C., sec. 2138.) 

562. Certificate of election becomes void, when 

Whenever an election shall be annulled and set aside by the judgment of the 
superior court, when no appeal has been taken therefrom within ten days, such 
certificate or commission, if any have been issued, shall be thereby rendered 
void. (L. ’66, p. 46, sec. 19; R. C. S., sec. 5382; P. C., sec. 2139.) 



State of Washington 


233 


ARTICLE XV—DIRECTORS—RECALL 

563. Charges—how formed. 

564. Charges—where filed. 

565. Ballot synopsis of charges. 

566. Form of petition. 

567. Certificate of precinct officers. 

568. Size of petition. 

569. Petition checked—omission. 

570. Names necessary—contributions—expenditures. 

571. Canvassing petition—election. 

572. Illegal signatures. 

573. Conduct of elections—form of ballot. 

574. Returns—canvass. 

575. Results published—office declared vacant. 

575. Mandamus—procedure. 

577. False signing. 

578. Corrupt practices—professional recallers. 

563. Charges—how formed 

Whenever any legal voter or committee or organization of legal voters of 
the state or of any political subdivision thereof shall desire to demand the recall 
and discharge of any elective public officer of the state or of such political sub¬ 
division, as the case may be, under the provisions of sections 33 and 34 of article 
1 of the constitution, he or they shall prepare a typewritten charge, reciting 
that such officer, naming him and giving the title of his office, has committed 
an act or acts of malfeasance, or an act or acts of misfeasance while in office, 
or has violated his oath of office, or has been guilty of any two or more of the 
acts specified in the constitution as grounds for recall, which charge shall state 
the act or acts complained of in concise language, without unnecessary repeti¬ 
tion, and shall be signed by the person or persons making the same, give their 
respective postoffice addresses, and be verified under oath that he or they believe 
the charge or charges to be true. (L. ’13, p. 454, sec. 1; R. C. S., sec. 5350; P. 
C., sec. 2305.) 

564. Charges—where filed 

In case the officer whose recall is to be demanded be a state officer, the 
person making the charge shall file the same with the secretary of state. In 
case the officer whose recall is to be demanded be a county officer, the person or 
persons making the charge shall file the same with the county auditor. In case 
the officer whose recall is to be demanded be an officer of an incorporated city 
or town, the persons making the charge shall file the same with the clerk of 
said city or town. In case the officer whose recall is to be demanded is an 
officer of any other political subdivision of the state, the persons making the 
charge shall file the same with the officer whose duty it is to receive and file 
petitions for nomination of candidates for the office concerning the incumbent 
of which the recall is to be demanded. (L. ’13, p. 454, sec. 2; R. C. S., sec. 5351; 
P. C., sec. 2306.) 

Cross-references: Nominations to be filed with district clerk in class A counties 
and counties of the first class, sec. 538; to be filed with secretary of board in districts 
of the first class, sec. 708. 

1. A petition for the recall of directors for school districts of the second class 
should be filed with the clerk of the district who in his official capacity should examine 
such petition, and if it is in proper form and bears the requisite number of legal 
signatures, should call a special election as required by law. (Atty. Gen., June 24, 
1920.) 

565. Ballot synopsis of charges 

If the acts complained of in the charge or acts of malfeasance or mis¬ 
feasance while in office, or a violation of the oath of office, as specified in the 
constitution, the officer with whom the charge is filed shall formulate a ballot 
synopsis of such charge of not to exceed two hundred words, which shall set 
forth the name of the person charged, the title of his office, and a concise state¬ 
ment of the elements of the charge, and shall notify the persons filing the charge 



234 


Code of Public Instruction 


of the exact language of such ballot synopsis, and attach a copy thereof to and 
file the same with the charge, and thereafter such charge shall be designated on 
all petitions, ballots and other proceedings in relation thereto by such synopsis. 
(L. ’13, p. 455, sec. 3; R. C. S., sec. 5352; P. C., sec. 2307.) 

566. Form of petition 

Upon being notified of the language of the ballot synopsis of the charge, 
the persons filing the charge shall cause to be printed on single sheets of white 
paper of good quality twelve inches in width by fourteen inches in length and 
with a margin of one and three-fourths inches at the top for binding, blank 
petitions for the recall and discharge of such officer. Such petitions shall be 
substantially in the following form: 

Warning. 

Every person who shall sign this petition with any other than his true name, 
or who shall knowingly sign more than one of these petitions, or who shall 
sign this petition when he is not a legal voter, or who shall make herein any 
false statement, shall be fined, or imprisoned, or both. 

Petition for the recall of (here insert the name of the office and of the 
person whose recall is petitioned for) to the Honorable (here insert the name 
and title of the officer with whom the charge is filed). 

We the undersigned citizens of (the state of Washington or the political 
subdivision in which the recall is invoked, as the case may be) and legal voters 
of the respective precincts set opposite our respective names, respectfully direct 
that a special election be called to determine whether or not (here insert the 
name of the person charged and the office which he holds) be recalled and 
discharged from his office, for and on account of (his having committed the act 
or acts of malfeasance or misfeasance while in office, or having violated his 
oath of office, as the case may be), in the following particulars: (here insert 
the synopsis of the charge); and each of us for himself says: I have personally 
signed this petition; I am a legal voter of the state of Washington in the pre¬ 
cinct and city (or town) and county written after my name, and my residence 
address is correctly stated. 


Petitioner’s 

Residence, ad¬ 
dress, street 

Precinct 


City 


signature 

and number, 
if any 

name or 
number 

Ward 

number 

or 

town 

County 


(Here follow 20 numbered lines divided into columns as below.) 


1 . . 
2 . . 
3. . 

etc. 


I, the undersigned, hereby certify that I am the officer of the city (town 

or precinct) of., county of.. state of Washington, having the 

custody of the registration books containing the signatures, addresses and pre¬ 
cincts of the registered legal voters of said city (town or precinct); that I have 
carefully compared the signatures on the foregoing petitions with said registra¬ 
tion books, and the signatures on the petitions opposite which I have written 
my initials are the signatures of legal voters of the state of Washington, and 
of the political subdivision from which said officer sought to be recalled was 
elected. 

Dated the.day of.,19_ 


(Seal) 


cinct) of 


of the city (town or pre- 


By.Deputy. 

(L. ’13, p. 455, sec. 4; R. C. S., sec. 5353; P. C., sec. 2308.) 






























State of Washington 


235 


567. Certificate of precinct officers 

Blank petitions for circulation in precincts where registration of voters is 
not required shall bear certificates in lieu of those contained in the foregoing 
form, which shall he signed by a justice of the peace, road supervisor, member 
of a school board or a postmaster, to the effect that he resides in the precinct, 
(naming it) and is acquainted with the legal voters thereof, and that he be¬ 
lieves the signatures opposite which he has written his initials are the signa¬ 
tures of legal voters of such precinct. (L. ’13, p. 456, sec. 5; R. C. S., sec. 5354; 
P. C., sec. 2309.) 

1. The law requiring registration of voters has no application to school elections: 
Luzador v. Sargeant, 4 Wash. 499. See, however, the following laws enacted since 
this case was decided: School district elections in districts of the first class, sec. 714; 
statutes combining elections of school districts with those of other political units, 
secs. 535 and 545. 

568. Size of petition 

Each such recall petition for circulation and signing shall at the time of 
signing, certifying and filing with the officer with whom the charge is filed, as 
hereinafter in this act provided, consist of not more than five sheets with num¬ 
bered lines for not more than twenty signatures on each sheet, with the pre¬ 
scribed warning, title and form of petition on each sheet, but with the pre¬ 
scribed form of certificate only on the last sheet, and a full, true and correct 
copy of the charge against such officer referred to therein, printed on sheets of 
paper of like size and quality as the petition and firmly fastened together. (L». 
’13, p. 457, sec. 6; R. C. S., sec. 5355; P. C., sec. 2310.) 

569. Petition checked—omission 

Every recall petition, before it is filed with the officer with whom the charge 
is filed as hereinafter provided, shall be filed with the officer having custody of 
the registration books containing the signatures, addresses, and precincts of the 
registered voters of the city, town or precinct, as the case may be, where the 
persons who have signed such petition claim to be legal voters. Upon the filing 
of any such petition it shall be the duty of such officer to forthwith compare or 
cause a deputy to compare the signatures, addresses and precinct numbers on 
such petition with said registration books. The officer or deputy making the 
comparison shall place his initials in ink opposite the signatures of those per¬ 
sons who are shown by the registration books to be legal voters, and shall certify 
upon the last signature sheet of such petition that the signatures so initialed 
are the signatures of legal voters of the state of Washington and of the political 
subdivision affected by such recall petition, and shall sign such certificate and 
attach thereto the seal of the registration officer, if such officer have a seal, and 
return such petition to the person filing the same upon demand. The omission to 
fill any blank shall not prevent the initialing or certification of any name, if 
sufficient information is given to enable the officer, by a comparison of the 
signatures, to identify the voter. Every such petition bearing the signa¬ 
tures of persons residing in precincts where registration of voters is not re¬ 
quired, before it is filed with the secretary of state, shall be submitted to and 
initialed and certified by a justice of the peace, road supervisor, member of a 
school board or a postmaster residing in such precinct in the form provided in 
section 564. It shall be the duty of such justice of the peace, road supervisor 
or member of a school board to examine, and initial and certify the signatures 
of legal voters on any such petition upon demand. (L. ’13, p. 457, sec. 7; R. C. 
S., sec. 5356; P. C., sec. 2311.) 

Cross-references: Registration not required for school district elections, with 

certain exceptions, sec. 567, note 1; custody of registration books for districts of the 
first class, sec. 711. 

570. Names necessary—contributions—expenditures 

When a person, committee or organization demanding the recall of any 
public officer shall have secured upon such recall petition the signatures of a 
number of legal voters equal to twenty-five per cent of the total number of 
votes cast for all candidates for the office to which the officer whose recall is 
demanded was elected at the preceding election, in case such officer be a state 
officer, an officer of a city of the first class, a member of a school board in a 



236 


Code of Public Instruction 


city of the first class, or a county officer of a county of the first, second or third 
class; or the signatures of a number of legal voters equal to thirty-five per cent 
of the total number of votes cast for all candidates for the office to which the 
officer whose recall is demanded was elected at the preceding election, if the 
officer whose recall is demanded is an officer of any other political subdivision, 
city, town, township, precinct or school district than those hereinbefore men¬ 
tioned, or is a state senator or representative, he or they may submit said peti¬ 
tion to the officer with whom the charge is filed for filing in his office. At the 
time of submitting such petition the person, committee or organization sub¬ 
mitting the same shall file with the officer to whom such petition is submitted 
a full, true and detailed statement, giving the names and postoffice addresses 
of all persons, corporations and organizations who have contributed or aided in 
the preparation of the charge and in the preparation, circulation and filing of 
the petition, with the amount contributed by each, and a full, true and detailed 
statement of all expenditures, giving the amounts expended, the purpose for 
which expended and the names and postoffice addresses of the persons and cor¬ 
porations to whom paid, which statement shall be verified by the affidavit of the 
person or some member of the committee or organization making the charge, and 
until such statement is filed the officer shall refuse to receive such petition. 
(L. ’13, p. 458, sec. 8; K. C. S., sec. 5357; P. C., sec. 2312.) 

Cross-reference: Charges to be filed with clerks for districts of the second class, 
sec. 564. 

571. Canvassing petition—election 

Upon the filing of such petition in his office, the officer with whom the 
charge was filed shall stamp on each of said petitions the date of filing, and 
shall notify the persons filing the same and the officer whose recall is demanded 
by said petition of the date when said petitions will be canvassed, which date 
shall be not less than five or more than ten days from the date of filing, and 
shall, at the time set for said canvass, in the presence of at least one person 
representing the petitioners and in the presence of the person charged, or some 
one representing him, if either should desire to be present, detach the sheets 
containing the signatures and certificates from the copies of the charge, and 
cause them to be firmly attached to one or more copies of the charge in such 
volumes as will be most convenient for canvassing and filing, and shall proceed 
to canvass and count the names of certified legal voters on such petitions. If 
he shall find the same person has signed more than one petition, he shall reject 
all signatures of such person from the count. If at the conclusion of the canvass 
and count, it shall be found that such petition bears the requisite number of 
signatures of certified legal voters, the officer with whom the petition is filed 
shall fix a date not less than ten or more than fifteen days after the conclusion 
of the canvass, for calling a special election to determine whether or not the 
officer charged shall be recalled and discharged from his office, and shall on 
said date call such special election, to be held not less than thirty nor more 
than forty days from the date of the call, and give notice thereof in the manner 
required by law for calling special elections in the state or in the political 
subdivision, as the case may be. But if it be found that the petition does not 
contain the requisite number of signatures of certified legal voters, the officer 
shall so notify the persons filing the petition, and at the expiration of thirty 
days from the conclusion of the count shall, unless prevented therefrom by the 
injunction or mandate of the courts as hereinafter provided, destroy the peti¬ 
tions. (L. ’13, p. 459, sec. 9; R. C. S., see. 5358; P. C., sec. 2313.) 

Cross-reference: Charges to be filed with clerks for districts of the second class, 
sec. 564, note 1. 

572. Illegal signatures 

The officer making the canvass as hereinabove provided shall keep a record 
of all names appearing on said petitions which are not certified to be legal 
voters of the state or of the political subdivision, as the case may be, and of 
all names appearing more than once on said petition, and shall report the same 
to the prosecuting attorneys of the respective counties where such names ap¬ 
pear to have been signed, to the end that prosecutions may be had for violation 
of this act. (L. ’13, p. 460, sec. 10; R. C. S., sec. 5359; P. C., sec. 2314.) 






State of Washington 


237 


573. Conduct of elections—form of ballot 

The special election to be called as hereinabove provided shall be carried 
on and conducted in the same manner as general state, county, municipal or 
other political subdivision elections, as the case may be, are conducted and 
carried on, and it shall be the duty of all officers of the state, county, munici¬ 
pality or other political subdivisions to provide for the holding of such election 
and the necessary places and officers, ballot boxes, ballots, poll books and re¬ 
turns as are required by law for holding general elections. The ballots at any 
such election shall contain a full, true and correct copy of the ballot synopsis 
of the charge hereinabove provided for, and shall be so arranged that any voter 
can, by making one cross (X) express his desire to have the officer charged 
recalled or discharged from his office, or retained therein. Substantially the 
following form shall be a compliance with the provisions of this section: 

Recall Ballot. 

(Here insert the ballot synopsis of the charge.) 

FOR the recall of (here insert the name of the officer). 

AGAINST the recall of (here insert the name of the officer). 

(L. T3, p. 460, sec. 11; R. C. S., sec. 5360; P. C., sec. 2315.) 

Cross-references: Regular annual school elections, sec. 563 et seq. ; in joint dis¬ 
tricts, sec. 505 ; in class A counties and counties of the first class, sec. 531 et seq. ; in 
counties other than class A counties and counties of the first class in a port district 
containing a school district of the first class, sec. 543 et seq. ; in districts of the first 
class, sec. 707 et seq. 

574. Returns—canvass 

The election officers in the various precincts shall count the ballots and 
make returns thereon to the officer of the county, municipality or other political 
subdivision, as required by law for making returns of general elections: Pro¬ 
vided, That in case the officer whose recall is demanded is the officer to whom, 
under the law, returns of elections are made, such returns shall be made to 
the officer with whom the charge is filed, and who called the special election; 
and in case of an election for the recall of a state officer, the county canvassing 
boards of the various counties shall canvass and return the result of such elec¬ 
tion to the officer calling such special election. (L. T3, p. 461, sec. 12; R. C. S., 
sec. 5361; P. C., sec. 2316.) 

Cross-references: Returns of school district elections, in general, sec. 527; in 
class A counties and counties of the first class, sec. 536 ; in counties other than class 
A counties and counties of the first class in a port district containing a school district 
of the first class, sec. 546 ; charges to be filed with clerks for districts of the second 
class, sec. 564 ; in school districts of the first class, sec. 712. 

575. Results published—office declared vacant 

Upon the completion of the returns of any such election to the proper 
officer, he shall cause to be published in the manner required by law for the 
publication of the results of general elections, the result of such election, and 
if a majority of all votes cast at such recall election be for the recall of the 
officer charged, such officer shall thereupon be recalled and discharged from his 
office, and the office shall thereupon become and be vacant; and such vacancy 
shall be filled in the manner provided by the constitution and the laws of the 
state of Washington, or the charter and ordinances of the municipality, as the 
case may be. (L. T3, p. 461, sec. 13; R. C. S., sec. 5362; P. C., sec. 2317.) 

576. Mandamus—procedure 

The superior court of the county constituting or containing any political 
subdivision of the state in which the recall is invoked as in this act provided 
shall have original jurisdiction to compel the performance of any act required! 
of any officer of such political subdivision under the provisions of this act, in: 
case such officer refuse to perform the same, or to prevent the performance by 
any such officer of any act in relation to the recall not in compliance with the- 
provisions of this act; and the supreme court shall have like original jurisdic- 


□ 

□ 






238 


Code of Public Instruction 


tion in relation to state officers and revisory jurisdiction over the decisions of 
the superior courts: Provided, That any proceeding to compel or prevent the 
performance of any such act shall be begun within ten days from the time the 
cause of complaint arises, and shall be considered an emergency matter of 
public concern and take precedence over other cases, and be speedily heard and 
determined; and any proceeding to review a decision of any superior court 
shall be begun and perfected within fifteen days after such decision, and shall 
be by the supreme court considered an emergency matter of public concern, 
and speedily heard and determined. (L. T3, p. 461, sec. 14; R. C. S., sec. 5363; 
P. C., sec. 2318.) 

577. False signing 

Every person who shall sign any recall petition provided for in this act 
with any other than his true name, shall be guilty of a felony; and every person 
who shall knowingly sign more than one of such petitions for the recall of any 
officer, or who shall sign any such petition when he is not a legal voter, or who 
shall make on any such petition any false statement as to his place of residence, 
and every registration officer who shall make any false report or certificate on 
any such petition shall be guilty of a gross misdemeanor. (L. '13, p. 462, sec. 
15; R. C. S., sec. 5364; P C., sec. 2319.) 

578. Corrupt practices—professional recallers 

Every officer who shall wilfully violate any of the provisions of this act, 
for the violation of which no penalty is herein prescribed, or who shall wilfully 
fail to comply with the provisions of this act; and every person who shall for 
any consideration, compensation, gratuity, reward or thing of value or promise 
thereof sign or decline to sign any recall petition, or who shall advertise in any 
newspaper, magazine or other periodical publication or in any book, pamphlet, 
circular or letter or by means of any sign, signboard, bill, poster, handbill or card 
or in any manner whatsoever, that he will either for or without compensation or 
consideration circulate, or solicit, procure or obtain signatures upon, or influence 
or induce or attempt to influence or induce persons to sign or not to sign any 
recall petition or vote for or against any recall; or who shall for pay or any 
consideration, compensation, gratuity, reward or thing of value or promise 
thereof circulate, or solicit, procure or obtain or attempt to procure or obtain 
signatures upon any recall petition; or who shall pay or offer or promise to 
pay, or give or offer or promise to give any consideration, compensation, gratuity, 
reward or thing of value to any person to induce him to sign or not to sign, or 
to circulate or solicit, procure or attempt to procure or obtain signatures upon 
any recall petition, or to vote for or against any recall; or who shall by any 
other corrupt means or practice or by threats or intimidation interfere with or 
attempt to interfere with the right of any legal voter to sign or not to sign 
any recall petition or to vote for or against any recall; or who shall receive, 
accept, handle, distribute, pay out or give away either directly or indirectly 
any money, consideration, compensation, gratuity, reward or thing of value 
contributed by or received from any person, firm, association or corporation 
having his, their or its residence or principal office outside of the state of 
Washington, or corporation the majority of whose stockholders are non-residents 
of the state of Washington, for any service, work or assistance of any kind done 
or rendered for the purpose of aiding in procuring signatures upon any recall 
petition or the adoption or rejection of any recall, shall be guilty of a gross 
misdemeanor. (L. T3, p. 462, sec. 16; R. C. S., sec. 5365; P. C., sec. 2320.) 




State of Washing ton 


239 


ARTICLE XVI—DIRECTORS—QUALIFICATION, VACANCY AND 

SIGNATURE 

579. Shall take an oath of office. 

580. Office becomes vacant, when. 

581. Shall place signature with county auditor. 

579. Shall take an oath of office 

Every person elected or appointed to any office mentioned in this article 
shall, before entering upon the discharge of the duties thereof, take an oath or 
affirmation to support the constitution of the United States and the state of 
Washington, and to promote the interest of education, and to faithfully discharge 
the duties of his office according to the best of his ability. In case any officer 
has a written appointment or commission, his oath or affirmation shall be 
endorsed thereon and sworn to before any officer authorized to administer oaths. 
School officers are hereby authorized to administer all oaths or affirmations per¬ 
taining to their respective offices without charge or fee. All oaths of office as 
herein provided shall, when properly made, be filed with the county superin¬ 
tendent of schools. (L. ’09, p. 288, sec. 11; R. C. S., sec. 4786; P. C., sec. 4988.) 

Cross-references: County superintendent may administer oaths, sec. 440, subd. 9 ; 
oaths of officers of joint districts, sec. 506 ; oaths of office of directors to be attached 
to certificate of election, sec. 527 ; oaths of directors of districts of the first class, sec. 
628; of the second class, sec. 724; of the third class, sec. 737; oath of secretary of 
district of the first class, sec. 653. 

1. A school director may administer an oath in connection with the school 
bills. (Supt. Pub. Instr., Mar. 18, 1915.) 

2. It is necessary for directors to qualify according to law, whether they are 
appointed by the county superintendent or elected at the annual school election. 
(Supt. Pub. Instr., May 20, 1920.) 

580. Office becomes vacant, when 

Every office shall become vacant on the happening of either of the following 
events before the expiration of the term of such officer: 

1. The death of the incumbent; 

2. His resignation; 

3. His removal; 

4. His ceasing to be an inhabitant of the district, county, town, or village 
for which he shall have been elected or appointed, or within which the duties 
of his office are to be discharged; 

5. His conviction of an infamous crime, or of any offense involving a viola¬ 
tion of his official oath; 

6. His refusal or neglect to take his oath of office, or to give or renew his 
official bond, or to deposit such oath or bond within the time prescribed by law; 

7. The decision of a competent tribunal declaring void his election or ap¬ 
pointment; 

8. Whenever a judgment shall be obtained against such officer for breaefr- 
of the condition of his official bond. (L. ’66, p. 28, sec. 2; R. C. S., sec. 9950;: 
P. C., sec. 2349.) 

Cross-references: Causes for vacancy in the office of school director, sec. 440, subd. 
13 ; appointment of directors void when new district fails to hold school for the required 
term, sec. 469 ; method of filling vacancies in joint district boards, sec. 507 ; county 
superintendent to fill vacancy in case of undecided tie vote, sec. 527; decisions of 
court declaring contested election void, secs. 557 and 558; school directors to take 
oath of office within ten days of election ; in districts of the first class, sec. 648 ; of 
the second class, sec. 724 ; of the third class, sec. 737 ; method of filling vacancy in 
districts of the second class, sec. 723; of the third class, sec. 736; infamous crime 
defined, sec. 520. 

581. Shall place signature with county auditor 

Every school district director or clerk shall, on assuming the duties of his 
office, place his signature, certified to by some school district officer, on file in 
the office of the county auditor. (L ’09, p. 289, sec. 12; R. C. S., sec. 4787; P. C., 
sec. 4989.) 

1. Under former statute, Laws 1893, p. 286, sec. 7, forbidding the county treas¬ 
urer to pay a warrant on which the signatures of the issuing school officers did 
not correspond with their signatures on file in his office, the holder of a forged 
school warrant purchased in reliance upon the treasurer’s indorsement could not 
maintain an action against the treasurer or the sureties on his bond, because school 




240 


Code of Public Instruction 


warrants are not negotiable under the law merchant, and the protection, of the statute 
was intended for the county and school districts rather than for the public at large: 
Roberts v. Prescott, 15 Wash. 462. 


ARTICLE XVH—DIRECTORS—POWERS ANT) DUTIES 

582. Powers and duties. 

583. Directors may make by-laws. 

584. Pecuniary interest forbidden—expenses. 

585. Shall deliver records to successor. 


582. Powers and duties of directors 

Every board of directors, unless otherwise specially provided by law, shall 
have power and it shall be its duty: 

First. To employ for not more than one year, and for sufficient cause to 
discharge teachers, and to fix, alter, allow and order paid their salaries and 
compensation. The directors, except in districts of the first class, shall make 
with each teacher employed by them a written or printed contract, which shall 
be in conformity with the laws of this state, and every such contract shall be 
made in duplicate, one copy of which shall be retained by the school district 
clerk, and the other shall be delivered to the teacher after having been approved 
and registered by the county superintendent as by law required. 

Second. To enforce the rules and regulations prescribed by the superin¬ 
tendent of public instruction and the state board of education for the govern¬ 
ment of schools, pupils and teachers, and to enforce the course of study lawfully 
prescribed for the schools of their districts. 

Third. To rent, repair, furnish, and insure school houses, to employ janitors, 
laborers and mechanics. 

Fourth. To cause all school houses to be properly heated, lighted and 
ventilated, and to cause all school premises to be maintained in a cleanly and 
sanitary condition. 

Fifth. To purchase personal property in the name of the district and to 
receive, lease, issue and hold for their district any real or personal property. 

Sixth. To suspend or expel pupils from school who refuse to obey the rules 
thereof, and they shall exclude from school all children under six years of age. 

Seventh. To provide free textbooks and supplies to be loaned to the pupils . 
of the school, when in their judgment the best interests of their district will be * 
subserved thereby, and to prescribe such rules and regulations as they shall 
deem necessary to preserve such books and supplies from unnecessary damage, 
also to provide for the expenditure of a reasonable amount for suitable com¬ 
mencement exercises. 

Eighth. To require all pupils to be furnished with such books as may have 
been adopted by the lawful authority of this state, as a condition to member¬ 
ship in the schools. 

Ninth. To exclude from schools and school libraries all books, tracts, 
papers and other publications of an immoral or pernicious tendency. 

Tenth. To authorize the school room to be used for summer or night schools, 
or for public, literary, scientific, religious, political, mechanical and agricultural 
meetings, under such regulations as the board of directors may adopt. 

Eleventh. To provide and pay for transportation of children to and from 
school whether such children live within or without the district when in their 
judgment the best interests of their district will be subserved thereby, but the 
directors shall not be compelled to transport any pupil living within two miles 
of the school house. When children are transported from one school district to 
another the board of directors of the respective districts may enter into a 
written contract providing for a division of the cost of such transportation be¬ 
tween the districts. 

Twelfth. To establish and maintain night schools. (L. T9 p 208 sec 3* 
R. C. S., sec. 4776; P. C., sec. 4979.) 


Notes on subdivision 1 

Cross-references: Refusal of county superintendent to register certificate when 
the applicant is not a person of good moral character and personal fitness, sec. 259 • 
teachers must hold certificates valid for the full contract period, secs. 289 and 310 ; 




State of Washington 


241 


583. Powers and duties of directors—Continued 


written order of the board required for employment of teachers, sec. 310 ; equality of 
wage for male and female teachers, sec. 311 ; penalty for acceptance or demand by 
school officer of remuneration from teachers’ agency or teachers on account of appoint¬ 
ment or recommendation for a position, sec. 427 ; county superintendent to register 
contract, sec. 440 ; discharge of district employees for wilfully refusing or neglecting 
to comply with law relating to flag, sec. 629 ; directors of districts of the first class 
empowered to employ teachers, sec. 661, subd. 5; teachers whose terms begin after 
the first Monday in August not to be elected until new board takes office in districts 
of the second class, sec. 730 ; in districts of the third class, sec. 744; warrant not to 
be registered unless teacher is qualified and contract is filed with county superin¬ 
tendent, sec. 849 ; teachers must submit health certificate upon employment, appen¬ 
dix B. 

1. In an action for the recovery for services as a school teacher, from which po¬ 
sition plaintiff was discharged before the expiration of her term of employment, where 
the allegations of the complaint regarding her employment by the directors are admitted 
by the answer, proof as to the manner of the employment is unnecessary, ana errors 
committed by the court in the admission of evidence to prove her employment are 
immaterial: Fitzgerald v. School District, 5 Wash. 112. 

2. In an action for services as teacher the introduction by plaintiff of a first 
grade certificate, regular in form, signed by the county superintendent, and two 
examiners and effective, for a period more than covering the time of the employment, 
and which she states was delivered to her by the county superintendent as a teacher’s 
certificate, is prima facie proof of her being entitled to teach at the time she was so 
emplo 3 r ed: Id. 

3. Under the former statute providing for issuance of warrants by boards of 
school directors, it was held that writ of mandamus did not issue at the suit of two 
directors to compel the third director to sign warrants for payment of teachers’ 
salaries because mandamus will lie only at the instance of parties in interest: State 
ex rel. Starrett v. James, 14 Wash. 82. 

4. A teacher can recover the amount of her contract, less the sum earned else¬ 
where, where a contract was annulled by the board before the term begins simply be¬ 
cause the employment was ill-advised and contrary to the wishes of a number of 
citizens: Splaine v. School District, 20 Wash. 74. 

5. The fact that a teacher was hired at other than a stated and regular meeting 
of the board of directors would raise the presumption, in the absence of proof to the 
contrary, that the meeting was held in pursuance of an adjournment of a regular 
meeting: Id. 

6. Upon, the question of the regularity of a school board meeting authorizing a 
contract, it is not reversible error to exclude testimony as to whether one of the 
members received notice thereof, when it is not also shown that the meeting was not 
an adjourned meeting and such member signed the contract next day as secretary of 


the board: Id. , 

7. Where the only issue raised by the pleadings is an allegation and a denial 
of a contract of employment as a teacher, evidence of a rescission of the contract is 
inadmissible : Kennedy v. School District, 20 Wash. 399. 

8. Where a school board, after determining to reduce its corps of teachers from 
thirteen to twelve for the ensuing year, passed a resolution re-employin.g all, but 
reserving the right to remove one of the teachers in case all accepted, the action 
of the board in requesting one of the teachers to resign after she had accepted the 
contract of employment was not equivalent to a removal : Id. 

9. A temporary certificate to teach granted by the county superintendent of 

schools cannot be collaterally attacked in an action brought by a teacher against 
a school district for breach of contract of employment to teach its school, when there 
is no allegation of fraud or collusion in obtaining the certificate: Kimball v. School 
District, 23 Wash. 520. . 

10. Where a person under contract to teach a school for a term of nine months 
has a license qualifying her to teach only two months, at the time she tenders her 
services at the beginning of the school ternx the district is released from its obliga¬ 
tion to perform its part of the contract, and she has no right of recovei'y thereon, 
since the contract is an entire one and a breach as to any material part is a complete 
discharge as to the whole : Id. 

11 It is not illegal for a teacher to contract to superintend and teach school 
in both a union high school district and one of the component districts thereof where 
school of both districts is held in the same building; and he may lawfully be paid 
salary by the union district and by the component district. State ex rel. Brown v. 
McQuade, 36 Wash. 579. . „ , 

12. A school teacher before bringing suit against a school district for the alleged 
breach of contract must appeal from the decision of the board of directors to the 
county superintendent: Van Dyke v. School District, 43 Wash. 235. 

13 The contract of a school district with a school teacher to teach school for 
a period of eight months is void when the limit of indebtedness of the district has 
been reached and exceeded. Wolfe v. School District No. 2, 58 Wash. 212 

14. The superior court has jurisdiction of an action to review a decision of a 

board of school directors discharging a teacher, where the county superintendent of 
schools had disqualified himself from reviewing the decision of the appeal provided by 
law by appearing at and dominating the school board meeting, demanding the teacn- 
er’s’ resignation, and threatening her with cancellation of her certificate authorizing 
her to teach unless she resigned, and denying her any opportunity to be heard. 
State ex rel. Caffrey v. Superior Court, 72 Wash. 444. _ 

15. The maintenance of an agency for employment of teachers and the. charging 
of fees for rendering services in procuring such employment does not violate the 





242 


Code of Public Instruction 


583. Powers and duties of directors—Continued 

employment agency act of 1915, Laws 1915, p. 1 (which was declared unconstitutional 
by the supreme court of the United States in Adams v. Tanner, 244 U. S. 590). Hunt- 
worth v. Tanner, 87 Wash. 670. 

16. A school teacher who has been discharged by a board of school directors 
without sufficient cause has a right of action for damages for breach of contract: 
Andrus v. Church, 117 Wash. 627. 

17. A school teacher is an employee and not a public officer: State ex rel. 
Board of Directors v. Preston, 120 Wash. 569. 

18. A teacher discharged by a board of directors is not without remedy, al¬ 
though not entitled to a formal hearing, as a right of appeal to the county super¬ 
intendent is given, the hearing is de novo, and the county superintendent is authorized 
to hear testimony, administer oaths, summon witnesses and demand records: Id. 

19. Under statute authorizing school directors to employ and “for sufficient cause 
to discharge” teachers, the directors are not required to sit as a tribunal before 
terminating a teacher’s contract, but should, where practicable, discuss matters with 
the teacher before acting: Id. 

20. The validity of a teacher’s contract is not affected by a transfer of part 
of the territory of the contracting district to another district. (Atty. Gen. Ops., 
1891-92, p. 157.) 

21. In the absence of determination of the length of the school term by a 
special meeting of the electors the directors have power and it is their duty to employ 
a teacher for such length of time in excess of the minimum term prescribed by law 
as in their judgment the finances of the district seem to warrant. (Atty. Gen. Ops., 
1893-94, p. 35.) 

22. An outgoing board of directors does not have authority to elect teachers 
for the following school year, thus depriving the succeeding board of authority. 
(Atty. Gen. Ops., 1893-94, p. 52.) 

23. A teacher is entitled to compensation for time during which school was 
closed by reason, of an epidemic if his contract contains no provisions to the contrary. 
(Atty. Gen. Ops., 1901-2, p. 23.) 

24. The rule that under the ordinary form of teacher’s contract the teacher is 
entitled to his wages for the time during which school was closed by order of the 
board of directors by reason of an epidemic is not changed by the fact that the 
teacher’s child takes the disease after school is closed provided that the quarantine 
does not prevent the teacher from attending to his duties at any time the school 
was not closed by order of the directors. (Atty. Gen. Ops., 1901-2, p. 314.) 

25. A teacher who feels forced to discount his warrant cannot collect money 
from a district to make good the amount of his discount, nor can the board, though 
willing, legally pay out money for such discount. (Atty. Gen. Ops., 1905-6, p. 304.) 

26. The directors have power to lower or increase the salaries of teachers 
but such change would require a change in the terms of the written contract with 
such teacher and such contract would have to be redrawn and approved by the 
county superintendent in the same manner as the original contract with such teacher. 
(Atty. Gen. Ops., 1907-8, p. 86.) 

27. The contract between the district and the teacher should specify the time 
of employment by months rather than by days. (Atty. Gen. Ops., 1907-8, p. 281.) 

28. If the teacher’s contract is for a term of nine months or any other given 
number of months, and during the term of the contract there is a school vacation 
of sufficiently long period to include days which are not legal school holidays, then 
such vacation period is not to be included in computing the time that such teacher 
is required to teach by his or her contract. The last statement, however, may be 
subject to some exceptions. If the school were closed by order of the board for 
such cause as a prevailing epidemic and such closing of school was through no fault 
of the teacher, the teacher would, no doubt, be entitled to wages covering such period, 
and if, for instance, the weather or other unavoidable conditions should require a 
short suspension of school during the regular term timie, the law could be somewhat 
liberally construed, and the teacher should be entitled to pay for such a period. 
(Atty. Gen. Ops., 1907-8, p. 282.) 

29. Where teachers’ contracts contain a provision that the teacher shall receive 
no compensation for such time as schools are closed by reason of prevalance of 
contagious disease, whatever reasonable time school is suspended on account of con¬ 
tagious disease in the community may be deducted from the term expressed in. such 
contract and teachers cannot recover pay for the period during which school is so 
suspended. (Atty. Gen. Ops., 1907-8, p. 408.) 

30. A majority of the directors of a union high school district must sign the 
order employing the teacher. (Atty. Gen. Ops., 1907-8, p. 478.) 

31. A county superintendent of schools has no authority to refuse to approve a 
contract entered into between a school district and a teacher on the ground that the 
teacher is guilty of conduct which could be made the basis of the revocation of the 
latter’s certificate, no proceedings having been instituted to revoke the certificate. 
(Atty. Gen. Ops., 1913-14, p. 149.) 

32. The duty of the county superintendent of schools in approving a contract, 
within the meaning of sec. 582, subd. 1, and sec. 440, subd. 10, is merely to approve 
the form of contract, which would include passing upon such questions as whether the 
contract is for a greater length of time than that prescribed by law, whether the 
teacher has a certificate to teach, etc. (Atty. Gen. Ops., 1913-14, p. 149.) 

33. The organization of a consolidated district by two or more districts does 
not render a teacher’s contract theretofore entered into by one of the said districts, 
void. (Atty. Gen. Ops., 1915-16, p. 343.) 

34. The consolidation of a district with another district is an act of the district 
itself and does not constitute “sufficient cause” within the meaning of the statute 



State of Washington 


243 


582. Powers and duties of directors—Continued 

for the termination of a contract for employment of a teacher. It might serve to 
present the carrying out of the contract or a breach thereof on the part of the district, 
but would not render the contract void and the district would be liable for such 
breach. (Atty. Gen. Ops., 1915-16, p. 343.) 

35. A school district other than of the first class is not liable for the salary 
of a teacher who received written notice of re-election for the ensuing year and 
acknowledged the same, but did not enter into or sign a contract, and was discharged. 
(Atty. Gen. Ops., 1917-18, p. 89.) 

36. Where the schools are closed by the board of directors of a district acting 
either upon their own initiative or under orders of a board having lawful authority, 
a teacher whose contract does not expressly provide for such a contingency is entitled 
to full compensation for the period during which the schools are closed if he is able 
and willing to teach during the closed period and holds himself in readiness to resume 
his duties upon the reopening of school. (Atty. Gen. Ops., 1917-18, p. 391.) 

37. A teacher who was ill during a period when the schools were closed by an 
epidemic, is entitled to full compensation during the closed period if he was able and 
willing and did resume his teaching upon the opening of the schools. (Atty. Gen. Ops., 
1917-18, p. 397.) 

38. In the absence of provision to the contrary in his contract, the fact that a 
teacher has earned money at any other employment during the time schools were 
closed does not affect his right to full compensation for the closed period if he held 
himself in readiness to resume teaching upon the reopening of schools and did so 
resume teaching when schools reopened. (Atty. Gen. Ops., 1917-18, p. 397.) 

39. A teacher who did not remain in the district during the period when schools 
were closed by quarantine is entitled to full compensation if he was ready to resume 
school upon the reopening and fully complied with the request of the directors to 
resume teaching, provided there is no provision in his contract to the contrary. (Atty. 
Gen. Ops., 1917-18, p. 397.) 

40. Teachers’ salaries contracted for within the debt limit require payment in 
preference to subsequent debts for building purposes created without special tax levy 
therefor in excess of the limit of indebtedness. (Atty. Gen. Ops., 1919-20, p. 51.) 

41. Bonuses to teachers, in addition to the salaries stipulated in their contracts, 
may be allowed from the proceeds of an additional tax voted by the electors, without 
the necessity of stating such purpose in the election notice. (Atty. Gen. Ops., 1919-20, 
p. 164.) 

42. An increase in teachers’ salaries after the beginning of their terms of service 
is not properly a bonus and should not be so specified in the notice of election, but an 
erroneous designation of an increase as a bonus would not vitiate the election. (Atty. 
Gen. Ops., 1919-20, p. 182.) 

43. The directors have no power to contract an indebtedness in excess of the 
current revenues of the district for an increase in teachers’ salaries after the beginning 
of the term, unless authorized so to do by vote of the electors of the district. (Atty. 
Gen. Ops., 1919-20, p. 182.) 

44. The consideration of a contract to teach for a definite term, the compensa¬ 
tion therefor to be paid to the teacher in certain fixed installments, is the compensation 
to be paid for the term, and the directors may alter the compensation either by making 
additional payments for that portion of the contract already performed, or by adding 
the amount thereof to the installments paid after the date of alteration. (Atty. Gen. 
Ops., 1919-20, p. 182.) 

45. A teacher’s contract containing a provision that it may be terminated by 
either party at any time without cause or without notice to the other party is not in 
compliance with the laws of this state. (Atty. Gen., July 16, 1914.) 

46. The board of directors of a school district acting in good faith may grant a 
reasonable leave of absence to a teacher without reduction of pay, provided, however, 
that the board would not have power to adjourn school except as provided by law. 
(Atty. Gen., Nov. 30, 1914.) 

47. The board of directors of a school district of the second class has no au¬ 
thority to send a teacher as chaperone with a girls’ basketball team at the expense of 
the district. (Atty. Gen., Mar. 1, 1915.) 

4 8. Employment of teachers or increasing the compensation of teachers for 
night work is a matter within the discretion of the district directors and is governed 
by the teacher’s contract of employment. (Atty. Gen., Oct. 27, 1916.) 

49. The statute requires the execution of a written contract, which must be made 
in duplicate, one copy to be retained by the school district. A letter notifying a teacher 
that he has been re-elected, without specifying the amount he is to receive or any of 
the details of the contract, certainly cannot be construed as the execution of a contract 
within the provisions of the statute. (Atty. Gen., June 29, 1917.) 

50. A provision of a teacher’s contract that in the event it should be found 
necessary to close the schools, the teacher should not receive pay during such period, 
may be rescinded by written agreement authorized by a majority vote of the board of 
directors after it has been found necessary to close the schools because of epidemics, 
so that the teacher may be allowed pay for the closed period. (Atty. Gen., July 25, 
1917 ) 

51 . The board of directors of a district of the second or third class may legally 
contract to pay a teacher a yearly salary in twelve monthly installments, and if the 
teacher were paid two months before she commenced to render services to the district 
it would simply be allowing her a vacation before she starts to teach. The directors 
might well include in such a contract a provision that if the teacher shall refuse to 
perform her part of the contract the two mionths’ pay received before any services 
are performed shall be forfeited. (Atty. Gen., Aug. 18, 1920.) 







244 


Code of Public Instruction 


582. Powers and duties of directors—Continued 

52. A teacher whose husband was elected to the office of director of the district 
after she had entered into her contract of employment may legally receive her salary, 
although her husband qualifies as director. (Atty. Gen., Mar. 23, 1923.) 

53. A teacher who holds a renewable certificate may legally contract to teach a 
term of school, even though his certificate would expire before the end of the term, 
since the certificate may be renewed at its expiration and thereby kept in force. 
(Supt. Pub. Instr., Jan. 16, 1913.) 

54. The power to select a teacher rests with the school directors. If, therefore, 
two members of the board refuse to sign a contract with a teacher, such person is not 
selected as a teacher, nor can the directors be forced to sign a contract with any 
particular person. (Supt. Pub. Instr., Feb. 17, 1914.) 

55. There is no provision made for the resignation of a teacher, although through 
mutual agreement with a board of directors a teacher may be released from her con¬ 
tract. (Supt. Pub. Instr., Apr. 9, 1914.) 

56. It is not compulsory to include in a teacher’s contract the specific assignment 
of work for the teacher. The contract should indicate whether or not the person is 
to teach in the grades or in a high school, or whether the person is to be a principal. 
(Supt. Pub. Instr., Aug. 12, 1914.) 

57. Where the patrons of a district are dissatisfied with the work of a teacher 
and desire to have such teacher discharged, they should appeal to the board of school 
directors of the district, as the matter is one which lies entirely within the authority 
of the directors. In case the parents are dissatisfied with the action of the board of 
directors in such a matter, an appeal may be taken to the county superintendent, and 
if not satisfied then, to the superintendent of public instruction. (Supt. Pub. Instr., 
Nov. 21, 1914.) 

58. A certificate of a teacher who is employed under written contract, and 
resigns without being released from the contract by mutual agreement with the school 
district directors, may be revoked. (Supt. Pub. Instr., Jan. 16, 1915.) 

59. School directors have the right to decide what duties shall be required of a 
teacher during the noon houx*. (Supt. Pub. Instr., Mar. 15, 1915.) 

60. A teacher is not expected to pay his substitute, as that is the duty of the 
school board, and the board can legally pay only qualified teachers. (Supt. Pub. 
Instr., Jan. 15, 1916.) 

61. A teacher who has signed a contract to teach a given number of months 
has no right to resign to accept another position. He must fulfill his contract; other¬ 
wise the school board have a right to prefer charges against him for the violation of 
his written contract, for which offense his certificate may be revoked. (Supt. Pub. 
Instr., Jan. 18, 1916.) 

62. There is nothing in the law which would prevent a married woman from 
teaching school in this state. (Supt. Pub. Instr., Feb. 7, 1916.) 

63. A district not holding a school cannot pay part of the salary of the teacher 
in another district. (Supt. Pub. Instr., Nov. 19, 1918.) 

64. A teacher’s contract signed by only one member of the board should be 
returned to the board by the county superintendent when submitted to her for approval, 
with a request that the other two board members sign it. (Supt. Pub. Instr., Nov. 
8, 1919.) 

65. A district of the third class may contract with a teacher for a school year 
of twelve months. (Supt. Pub. Instr., May 13, 1920.) 

66. A board of directors has power to depart from the regular form provided 
for school contracts. As a general rule we do not approve of such departures, and 
feel that they should be avoided when they involve any material change. The county 
superintendent’s power of approval is only a ministerial function and does not carry 
with it the power to disapprove a contract on the ground that it contains inadvisable 
provisions. (Supt. Pub. Instr., Aug. 17, 1920.) 

67. A teacher cannot legally employ as his assistant for purposes of teaching a 
young lady who is not the holder of a certificate and who would be paid out of his 
salary. (Supt. Pub. Instr., Sept. 14, 1920.) 

68. No person may be employed as a teacher who is not a qualified teacher. 
We are unable to find any provision of the code which excepts substitute teachers 
from the provisions of sec. 310. (Supt. Pub. Instr., Nov. 13, 1920.) 

69. A county superintendent has no authority to discharge a teacher except upon 
appeal from a decision of the board of directors. Any of the causes named in sec. 307 
for revocation of a teacher’s certificate would be sufficient cause to justify the board 
in discharging a teacher. (Supt. Pub. Instr., Nov. 26. 1920.) 

70. Teachers whose contracts conform substantially to form No. 34 (see appendix 
D), are not entitled to credit for Christmas vacation when school is closed by the board 
of directors, except that they may draw salary for Christmas and New Year’s Day if 
those days do not fall within the vacation period. (Supt. Pub. Instr., Dec. 11, 1920.) 

71. By universal custom and usage, the supervision of playground activities is 
included in the teaching, government and conduct of school. A teacher may be required 
to devote a reasonable amount of time to playground supervision as part of her duty 
as a teacher, without special provision in her contract, and without extra compensa¬ 
tion. (Supt. Pub. Instr., Oct. 25, 1921.) 

72. It is mandatory upon the teachers to furnish the health certificate required 
by the state department of health and their contracts may not be approved unless such 
certificate has been furnished. For copy of the rules, see appendix B. (Supt. Pub. 
Instr.. June 12, 1922.) 

73. While there is no statutory prohibition against the use of another form of 
teacher’s contract than that prescribed by the superintendent of public instruction, in 
districts of the second and third classes, if the same is legal in form and requirements, 
the county superintendent would be justified in opposing the use of any other than 







State of Washington 


245 


582. Powers and duties of directors—Continued 

the prescribed form of contract now furnished by this department. (Supt. Pub. Instr.. 
June 12, 1922.) 

74. School directors should demand the health certificate from the teacher, as 
required by the rules of the state director of health, when the contract is entered into. 
Consequently the county superintendent is within his rights in withholding- his approval 
of the contract if the teacher fails to submit this certificate. (Supt. Pub. Instr., 
June 23, 1922.) 

Notes on subdivision IS 

Cross-references: Power of superintendent of public instruction to prepare rules 
and regulations, sec. 6, subd. 3 ; power of state board of education to prepare rules 
and regulations, sec. 17, subd. 7 ; rules and regulations of the state board set forth, 
appendix A; state board to prescribe outline course of study, sec. 17, subd. 7; to de¬ 
termine rules and regulations for state teachers’ examinations, sec. 17, subd. 8 ; courses 
of study in physical education, sec. 22 ; American history and government, sec. 262 ; 
adoption of courses for districts of the first division, sec. 405 ; for districts of the 
second division, sec. 406 ; penalty for failure of district to comply with course of study, 
sec. 425 ; county superintendent to enforce course of study, sec. 440, subd. 4 ; and to 
prepare outline course for districts of the third class, sec. 440, subd. 5 ; county board 
to assist county superintendent in preparation of courses of study and rules and regu¬ 
lations, sec. 461 ; courses of study in districts of the first class, sec. 661, subd. 2. 

75. It is the duty of the directors to enforce the course of study prescribed by 

the state board of education and not to adopt and enforce some other course incon¬ 
sistent therewith which they may deem superior thereto: Wagner v. Royal, 36 Wash. 
428. 

76. If the directors of a school district are not requiring the use of a certain 

textbook in specified grades, for which it has been prescribed and adopted by lawful 

authority, it may be assumed that the publisher is deprived of a portion of the benefit 
which it is entitled to receive from its contract to supply such books and an injunction 
should issue at the suit of the publisher to require the directors to cause the same to 
be used in the grades for which it was prescribed: Eaton & Co. v. Royal, 36 Wash. 
435. 

77. Upon being notified by the county superintendent that children of the district 
are infested with vermin, it is the duty of the directors to investigate the complaint, 
and if found true, to enforce rule 4 under rules and regulations of the state board of 
education for government of pupils. (Atty. Gen. Ops.. 1907-8, p. 12.) 

78. The state board of education has no authority to adopt an order providing 
that no grade or grades in a high school shall be established without the approval of 
the state superintendent of public instruction. (Atty. Gen. Ops., 1913-14, p. 551.) 

79. A petition presented to a board of directors regarding any matter which is 
wholly within the power of the board, has only such force as the board chooses to 
attach to it. There are certain powers granted to the school board on which the vote 
of the people is not required. These powers are specified in sec. 582. Within the 
limit of the statute, the board has full power. However, the school board is a repre¬ 
sentative body, and, as a matter of public policy, should seek to carry out the will of 
the school district electors. (Supt. Pub. Instr., June 16, 1914.) 

Notes on subdivision 3 

Cross- references: Pulmonary tuberculosis bar to employment of janitor, and con¬ 
tagious diseases bar from school, sec. 419 ; pecuniary interest of directors in insurance 
forbidden, sec. 584 ; discharge of employees for failure to display flag, sec. 629 ; health 
certificate to be required of janitors, appendix B. 

80. A writ of mandate will not issue to compel school directors to pay over to 
the county treasurer insurance money raised on a loss by fire of a school building in 
their district, to be divided between it and a new district recently formed out of it, 
when the money has been actually expended by the directors in the erection of a new 
school building, pursuant to a unanimous vote of the electors of the district. Man¬ 
damus cannot be invoked as a remedy to recover moneys misapplied by public officers, 
for in such cases the public has another and different remedy exclusively: Elder v. 
Territory, 3 Wash. Ter. 438. 

81. If a school district sees fit to insure in a mutual fire insurance company, it 
is liable the same as any other policy holder. (Atty. Gen. Ops., 1905-6, p. 382.) 

82. A teacher can act as janitor, but the question as to whether or not a teacher 
would be entitled to extra compensation for so doing would depend entirely on the 
contract which the teacher had with the school board, and is a matter which rests with 
the board at the time the contract is made out. (Atty. Gen. Ops., 1911-12, p. 27.) 

83. Directors cannot employ their children as janitors, for the reason that in 
such employment the directors would be, at least indirectly, interested in the contract. 
The word “children” is here used in the sense of a dependent minor, as distinguished 
from a person who has reached the age of majority and is emancipated from the sup¬ 
port of his parents. However, a contract of this kind is so close to the line that it 
cannot be governed by any hard and fast rule. The test to be applied is : Does the 
particular transaction place the school director in a position whereby his individual 
interest is in opposition to his official duty? If it does, the transaction is void. (Atty. 
Gen. Ops., 1911-12, p. 108.) 

84. There is no provision in the code which will directly or indirectly authorize 
the directors of a school district to expend the funds of the district for the rent of a 
hall for a basketball game. (Atty. Gen. Ops., 1911-12, p. 272.) 

85. The authority conferred by subd. 3 of this section does not authorize the 
directors to proceed with the construction of an addition to a building without author- 




246 


Code of Public Instruction 


582. Powers and duties of directors—Continued 

ization by vote of the district, but is confined to the repairing of the building. (Atty. 
Gen. Ops., 1915-16, p. 149.) 

86. School directors may insure school property in a mutual fire insurance com¬ 
pany or association. (Atty. Gen. Ops., 1903-4, p. 267 ; 1905-6, p. 188.) The foregoing 
opinions were based upon provisions of the insurance law limiting the liability of 
individual members of mutual companies, the assumption being made that such 
additional liability would not cause the total liabilities or indebtedness to exceed any 
statutory or constitutional limit. (Atty. Gen. Ops., 1921-22, p. 287.) 

87. Moneys received upon a fire insurance policy covering the loss of a school 
building of a district of the third class cannot be used for the purpose of constructing 
a new building until its construction has been authorized by the voters of the district 
and the plans and specifications have been approved by the county superintendent of 
schools, even though such plans and specifications are the same as those of the 
building destroyed by fire. (Atty. Gen., Oct. 27, 1916.) 

88. The directors of a school district may employ a watchman to protect the 
school property from Hallowe’en depredations. (Atty. Gen., Jan. 31, 1917.) 

89. A janitor, who is employed for a definite term at a fixed monthly compensa¬ 
tion, is entitled to compensation for a period during which the schools are closed if 
there is no provision in the contract providing for such an emergency and he is able 
and willing to perform his duties during the closed period and holds himself in readi¬ 
ness to resume his duties upon reopening of the school. If the janitor is employed 
from day to day, or from week to week, this rule would not apply. (Atty. Gen., 
Feb. 19, 1920.) 

90. School directors have no power to insure the employees of the district by 
the group plan of insurance. (Atty. Gen., Aug. 3, 1920.) 

91. The directors of a school district do not have power to take out liability 
insurance upon the school grounds. (Atty. Gen., Dec. 16, 1921.) 

92. The proceeds of an insurance policy collected by a school district cannot be 
used for general current expense until such time as the directors shall be authorized 
by vote of the district to erect another building, but should be placed and kept in. 
the building fund until such authority is granted. (Atty. Gen., Aug. 23, 1922.) 

93. A teacher who contracts to do the janitor work cannot be held to have 
contracted to furnish or carry water when there is no water supply on the school 
grounds. If it is desired tc have the teacher perform such services, a stipulation to 
that effect should be included in the contract. (Supt. Pub. Instr., Mar. 29, 1916.) 

Notes on subdivision 4 

Cross-references: Special attention to be given to ventilation and temperature of 
the school room, sec. 247 ; approval of building plans of districts of the third class by 
the county superintendent as to heating, lighting and ventilation, secs. 442 and 747. 

94. A school district extending beyond the limits of a city or tow r n is subject to 
the regulations of the town health officer for that portion within such city or town, and 
the county health officer for that portion outside of such city or town. (Atty. Gen. 
Ops., 1905-6, p. 35.) 

95. Where the city health officer has fumigated a school building, the expense of 
such fumigation should be borne by the city rather than by the school district. (Atty. 
Gen. Ops., 1911-12, p. 283.) 

96. The directors of a school district of the second class have no authority to 
employ a medical inspector. (Atty. Gen., Feb. 24, 1916.) 

97. Under the provisions ‘of sec. 6094, Rem. Comp. Stat., and sec. 5299, Pierce’s 
Code, the county health officer has authority to order the abatement of a schoolhouse 
if the same constitutes a nuisance detrimental to the public health. (Atty. Gen., 
July 6, 1917.) 

98. An outbuilding which comes strictly within the provisions of subd. 4 of this 
section, that is, one which is needed for heating, lighting or ventilating the school 
building or keeping the premises cleanly and sanitary, such as a toilet or fuel shed, 
may be built without approval of the electors. However, the construction of buildings 
which would not be used for any of the purposes enumerated in that subdivision would 
require the vote of the electors. (Atty. Gen., Mar. 11, 1920.) 

99. The directors of a school district cannot become members of a corporation 
or association for the purpose of installing a -water system for the use of the school 
district and the community, and school funds cannot be expended for such a purpose. 
(Atty. Gen., Aug. 21, 1922.) 

100. There is no statute prescribing the number of cubic inches of air space 
allotted to each pupil in the public schools. (Supt. Pub. Instr., Mar. 1, 1915.) 

101. The county health officer can condemn school buildings that are poorly 
lighted, although this is largely a matter of discretion. (Supt. Pub. Instr., Mar. 8. 
1916.) 

Notes on subdivision 5 

Cross-references: Power of directors with reference to school district property, 
secs. 464 and 605 ; other powers of directors with reference to property in first class 
districts, sec. 663; in second class districts, sec. 729; in third class districts, sec. 746. 

102. Directors have power to subscribe to and pay for a school journal which 
publishes a regular department of news, legal and otherwise, of value to directors of 
school districts, and may pay for such journal out of the current or general school 
funds of the district. (Atty. Gen. Ops., 1905-6, p. 157.) 

103. Directors of a school district of the second or third class, in addition to 
submitting to the electors of their district the question of whether or not a site shall 
be purchased, must also submit the question of the location of the site. (Attv Gen 
Ops., 1915-16, p. 350.) 




State of Washing ton 


247 


582. Powers and duties of directors—Continued 

104. Directors of a district of the third class would not be individually liable for 
payment for apparatus purchased on behalf of the district without approval of the 
county superintendent. (Atty. Gen. Ops., 1917-18, p. 51.) 

105. The power to “hold” real property is sufficient to authorize the board to 
procure a survey for the purpose of determining the boundary lines of the property. 
(Atty. Gen. Ops., 1917-18, pi 56.) 

106. School districts of the second and third classes have the power to expend 
school district funds for the construction of swimming tanks, if in the judgment of 
their directors the maintenance of such swimming tanks is in fact essential to the 
proper physical development of the pupils of such districts. (Atty. Gen. Ops., 1921-22, 

p. 244.) 

107. The directors of a school district of the first class do not have authority to 
purchase property for school athletic purposes, but may acquire additional land by 
condemnation or purchase if the present schoolhouse site is inadequate to afford a 
proper place for the exercise and recreation of pupils. (Atty. Gen., May 15, 1911.) 

108. There is no provision in the school law authorizing medical inspection of 
school children or the expenditure of school funds for such purpose except in districts 
of the first class. If, however, such inspection is made in pursuance of the authority 
vested in the county health officer and board of county commissioners acting as the 
county board of health, as provided in chap. 85, Laws of 1907, the expense of such 
inspection should be borne by the county. (Atty. Gen., Jan. 12, 1914.) 

109. Whether a proposition submitted to the voters of a district was for change 
of the present school site or for purchase of an additional site, is to be determined 
from the actual proposition of which the electors had due notice as shown by the 
election proceedings and set forth upon the ballot, and the intention of the directors 
to abandon the old site is of no great importance. (Atty. Gen., Apr. 24, 1917.) 

110. The board of directors of a school district has no authority to expend 
district funds for transportation of exhibits, purchasing of premiums and other expenses 
incidental to an agricultural and industrial exhibit at the county fair arranged for by 
the county superintendent of schools. (Atty. Gen., May 28, 1917.) 

111. A school district cannot own or control real property jointly. The directors 
cannot enter into an agreement for joint control or ownership of a ball park. (Atty. 
Gen., Feb. 17, 1921.) 

112. A donated site must be voted upon by the qualified electors of the district. 
(Supt. Pub. Instr., May 10, 1915.) 

113. A board of directors of a school district of the second or third class has 
authority to permit the erection on the school grounds of a hall for community pur¬ 
poses by funds raised by general subscription and to acquire title to and hold the 
same for the district, subject to the approval of plans for the acquisition, construction 
and furnishing of such hall by the board of supervisors provided for in. sec. 639 and 
subject also to the general provisions of the law relating to acquisition of school 
property. Such hall, within the foregoing limitations is within the custody of the 
board and subject to its control to the same extent as other school property. (Supt. 
Pub. Instr., Dec. 4, 1920.) 

Notes on subdivision 6 

Cross-references: Procedure upon suspension of a pupil by a teacher, rule 6, 
appendix A ; schools to be open to children between the ages of six and twenty-one 
years, sec. 243 ; legal grounds for suspension of pupils, sec. 313 ; expulsion of pupils for 
disobedience, sec. 351 ; suspension for injuring school property, sec. 352 ; admission of 
children between the ages of four and six years to kindergartens, sec. 633. 

114. Under secs. 661 and 351, directors have power to enforce rulings forbidding 
high school pupils to join secret fraternal societies upon pain of loss of all school 
privileges except class attendance, although meetings of the societies were held out 
of school hours under parental protection, where it is shown that such societies have 
a tendency to destroy good order, discipline and scholarship: Wayland v. Hughes, 
43 Wash. 441. 

115. A board of school directors has authority to make a by-law refusing to 
admit children six years of age to the public schools at any other time than the 
commencement of a term, or perhaps the beginning of a year, but in the absence of 
such a by-law it is not sufficient reason for excluding a child that is only six years 
of age. (Atty. Gen. Ops., 1901-2, p. 14.) 

116. While a school board has the right to make a by-law refusing to admit 
children of six years of age to the public schools at any other time than the com¬ 
mencement of a term, a board does not have the right to make a by-law permitting 
children who are under six years of age at the beginning of a term to be admitted to 
school, even though such children may become six years of age during the school 
term, as subd. 6. sec. 582, clearly states that the board of directors “shall exclude 
from school all children under six years of age.” (Supt. Pub. Instr., Oct. 5. 1915.) 

117. No attendance money can be claimed for a pupil until he is six years of age, 
and he cannot be considered as being six years of age until he reaches his sixth birth¬ 
day. (Supt. Pub. Instr., Dec. 13, 1915.) But see sec. 636, enacted after this ruling 
was made, providing for credit for kindergarten attendance. 

Notes on subdivision 7 

Cross-references: Expulsion from school is ground for commitment to state train¬ 
ing school, sec. 191: penalty for injury to books by pupil, sec. 352; union high school 
directors may purchase supplies, sec. 497; pecuniary interest in purchasing supplies 
forbidden, sec. 584; clerk to account for expenditure for supplies, sec. 587, subd. 5; 
furnishing of free books and supplies in districts of the first class, sec. 661, subd. 10 ; 
purchase of books and supplies in districts of the second class, sec. 727 ; in districts of 




248 


Code of Public Instruction 




582. Powers and duties of directors—Continued 

the third class, approval required, sec. 740; textbooks and supplies to be itemized in 
budgets in districts of the first class, sec. 824 ; claims for supplies must be sworn to, 
sec. 835 ; warrants withheld for purchase in third class districts when approval has 
not been obtained, sec. 850. 

118. The county board of education has no authority to select textbooks and then 
require school district directors to purchase the same, except in districts providing 
free textbooks. (Atty. Gen. Ops., 1905-6, p. 148.) 

119. A school board cannot lawfully purchase textbooks and sell them to the 
pupils of the district. (Atty. Gen. Ops., 1905-6, p. 253.) 

120. Directors may expend school funds for the rent of a hall in which to hold 
commencement exercises when the district has no suitable room or hall for such pur¬ 
poses. (Atty. Gen. Ops., 1913-14, p. 448.) 

121. School district directors have no authority to purchase supplies and groceries 
for teachers. (Atty. Gen. Ops., 1921-22, p. 180.) 

122. A school district which provides free textbooks to high school pupils who 
reside therein may lawfully require non-resident pupils who reside in non-high school 
districts to purchase textbooks used by them without thereby losing its right to the 
apportionment of current state school funds based upon such attendance as given by 
sec. 769. (Atty. Gen. Ops., 1921-22, p. 389.) 

123. Where a school district of the first class has determined to provide free 
textbooks and has later promulgated a rule providing that in cases where books were 
destroyed by use, a second set of books should be furnished ; and a student who failed 
to pass in bookkeeping was issued another set of bookkeeping books, which were later 
taken away from him by the high school principal and refusal was made to furnish 
another set of books without payment therefor, the board of directors may be compelled 
upon appeal to the county superintendent to furnish such books where the refusal 
occurred before the promulgation of said rule. (Atty. Gen., May 15, 1907.) 

124. School district directors have no authority to enter into a contract to 
furnish lunches to Indians or other pupils. (Atty. Gen., Feb. 21, 1917.) 

125. A rule or regulation requiring all high school students to furnish their own 
books while providing that free textbooks shall be furnished to grade school pupils is 
a reasonable one and does not exceed the authority conferred by subd. 7 of this section. 
(Atty. Gen., Sept. 20. 1923.) 

126. It is within the power of the board of directors to decide whether or not 
pupils attending high school from outside the school district shall be required to 
provide their own textbooks. (Supt. Pub. Instr., Sept. 4. 1914.) See, however, the 
special provision of sec. 661, subd. 10, relating only to districts of the first class and 
providing that free textbooks shall be furnished to all children attending school when 
so ordered by a vote of the electors. 

127. A school district’ has the power to discontinue furnishing free textbooks. 
(Supt. Pub. Instr., Apr. 6, 1915.) 

Notes on subdivision S 

Cross-references: Directors to require the introduction and use of all adopted 
textbooks in districts of the first division, sec. 403 ; adopted books to be used in dis¬ 
tricts of the second division, sec. 406 ; penalty for failure to use adopted textbooks, 
sec. 425. 

128. Where a school district refuses to follow the course of study adopted by 
the state board of education, the publisher of the books (under contract with the state 
board) is not entitled to relief by injunction unless materially damaged: Westland 
Publishing Co. v. Royal, 36 Wash. 399. 

129. The fact that the publisher of textbooks under contract with the state 
board of education to supply all the books required by the public schools of the state 
under provisions of the former statute, fails to have its bond to the state duly 
approved, would not excuse a school district board for failing to endorse the course of 
study prescribed by the state board: Rand. McNally <£• Co. v. Royal, 36 Wash. 420. 

130. Where certain texts have been adopted by specified grades, a regulation of 
the directors that pupils in such grades shall use the prescribed books until thev 
become proficient therein is a sufficient compliance with the adoption, but if the 
prescribed books are not required by the district to be used at all in a certain grade, 
whether inadvertently or intentionally, an injunction may properly be issued to compel 
such use: Id, 

Notes on subdivision ft 

131. The right of the directors to exclude partisan books lies under and precedes 
the right of a county board of education to make a contract for a book that is proven 
in court pernicious or partisan, and in its use contrary to the underlying ideas and 
principles of our constitution and American institutions. (Atty. Gen" Ops 1905-6 
p. 176.) 

Notes on subdivision 10 

Cross-references: No public money or property shall be appropriated for or applied 
to any religious worship, exercise or instruction or the support of any religious estab¬ 
lishment, Const., art. 1. sec. 11 ; penalty for disturbing school meetings, sec 426 • 
community use of school property, sec. 637 ; advertisement for bids and supplies, sec! 
660. 

132. A school district is not liable for injury suffered by a twelve-year-old boy 
through the dangerous condition of an elevator used by him while employed by the 
manager of a lunchroom in a high school building during the holding of a teachers’ 
institute in charge of the county superintendent, since the superintendent was mere 
licensee under sec. 582, granting permission to use the schoolroom for certain public 





State of Washington 


249 


582. Powers and duties of directors—Continued 


gatherings ; and the boy being an employee of the licensee, was entitled to no greater 
rights in respect to the condition of the elevator: Smith v. Seattle School District 
No. 1, 112 Wash. 64. 

133. The directors need not obtain approval of the supervisors mentioned in 
sec. 639 to authorize the use of the school building for dances. (Atty. Gen. Ops., 
1913-14, p. 296.) 

134. The school property may be used for dancing. (Atty. Gen. Ops., 1913-14, 
p. 296.) 

135. The directors need not obtain approval of the supervisors mentioned in sec. 
639 to authorize the use of the school building for dances. (Atty. Gen. Ops., 1913-14, 

p. 296.) 


136. The directors of a school district of the third class have no authority to rent 
a schoolhouse to a third party for the purpose of operating a dance for profit. (Atty. 
Gen. Ops., 1919-20, p. 334.) 

137. The use of a schoolhouse for dancing purposes would not convert the school- 
house into a dance-house so as to bring it within the provisions of the criminal code. 
(Atty. Gen., Jan. 28, 1914.) 

138. The holding of the attorney general’s office that directors could permit 
dancing in schoolhouses is not to be understood that directors are obliged to permit 
dancing, but they are authorized to exercise their own discretion in such matters. 
(Atty. Gen., Jan. 28, 1914.) 

139. The directors may in their discretion close the school for the summer and 
refuse to allow it to be used then for the purposes mentioned in subd. 10 of this section. 
(Atty. Gen.. June 29, 1916.) 

140. The school directors have the custody of school buildings, and have the 
right to decide what use may be made of the buildings. As a matter of public policy, 
however, no board should refuse to permit the buildings to be used for community 
center meetings of a public character, unless in some special case when the buildings 
are not in condition for use. (Supt. Pub. Instr., Nov. 2, 1914.) 


Notes on subdivision 11 

Cross-references: Transportation of high school pupils and joint agreements 

therefor, sec. 259 ; power of directors of union high school districts to provide ti'anspor- 
tation, sec. 497 ; license exemption of motor vehicles owned by school districts, sec. 
631 ; minimum age of drivers, sec. 632 ; bond of secretary, sec. 653. 

141. Where a teacher was employed under oral contract with a school board to 
transport pupils, a finding of the trial court based upon conflicting evidence as to the 
extent of the contract will not be disturbed on appeal when the evidence does not 
clearly preponderate against it: Dunagan v. School District No. 4 . 118 Wash. 160. 

142. A school district too small to maintain school cannot pay for instruction of 
all its pupils in an adjoining district or for their transportation to school therein, 
since the law contemplates that the county superintendent shall attach the territory 
of such district to an adjoining district. (Atty. Gen. Ops., 1911-12, p. 100.) 

14 3. This section does not authorize the expenditure of school funds for the 
building of a bridge. (Atty. Gen. Ops., 1911-12, p. 114.) 

144. A person prevented during an epidemic from performing his contract to 
transport pupils by reason of the fact that the schools were closed, is entitled to 
compensation if he held himself in readiness to resume the transportation upon the 
reopening and did so at the request of the district. (Atty. Gen. Ops., 1917-18, p. 397.) 

145. A motor truck which incidentally carries school children to and from school 
morning and evening is a “for hire” motor vehicle with reference to its classification 
for purposes of obtaining a license. (Atty. Gen. Ops., 1919-20, p. 58.) 

146. If the board of directors of a high school district has entered into an agree¬ 
ment with the directors of a non-high school district, in accordance with the provisions 
of sec. 259, jointly to provide and pay for the transportation of high school pupils 
from the non-high school district to the high school in the high school district, 
the high school district’s portion of such expense is to be included as an expense of 
operation under sec. 254 for the purpose of ascertaining the cost per pupil per day. 
Only the high school district’s portion and not the total cost of such transportation 
is to be included. (Atty. Gen. Ops., 1919-20, p. 83.) 

147. A truck operated by its owner under contract with a school district for 
transportation of pupils is not an auto stage, but should be provided with a “for hire” 
license. (Atty. Gen. Ops., 1919-20, p. 180.) 

148. When the directors of a school district have arranged for the attendance of 
its seventh and eighth grade pupils at the schoolhouse of an adjoining district and for 
transportation thereto, such school becomes the “public school of the district” within 
the purview of the compulsory education law, and attendance at such school is com¬ 
pulsory. (Atty. Gen. Ops., 1921-22, p. 156.) 

149. The school bus is not required to call at the homes of all school children, 
but as to children outside of the two-mile limit should be so operated as not to dis¬ 
criminate against groups of children, or children residing in: different sections or 
localities of the district. The route to be traveled by the bus is a matter within the 
discretion of the directors and they have the power to designate at which points the 
bus will pick up the children for transportation to school, provided, of course, the 
action of the directors is not arbitrary, capricious or unreasonable. It could hardly 
be required that the bus should call at every home in the district without regard to the 
location of the home. (Atty. Gen. Ops., 1921-22, p. 168.) 

150. The directors of second and third class districts have power to contract for^ 
transportation service for periods of more than one year, but such contract cannot be' 
entered into without a vote of the electors of the district if it would cause the total 





250 


Code of Public Instruction 


582. Powers and duties of directors—Continued 

indebtedness of the district for any one year to exceed its current revenues. (Atty. 
Gen. Ops., 1921-22, p. 244.) 

151. This section is permissive rather than mandatory, and confers upon the 
board of directors of a school district the discretionary power of determining whether 
pupils shall be transported to and from the schoolhouse. There is imposed no obliga¬ 
tory duty to transport pupils whether resident within or without the two-mile zone. 
When transportation is undertaken, this section relieves the directors of any obligation 
to carry pupils living within the two-mile area. (Atty. Gen. Ops., 1921-22, p. 397.) 

152. Where a consolidated school district maintains more than one school, the 
directors have authority to direct the attendance of pupils at the several schools, 
having due regard for convenience of pupils and grades taught, and parents do not 
have the right to select the school in the district to which they will send their chil¬ 
dren. Where transportation is provided for children in one community within the 
district, it is the duty of the directors to provide transportation for all children who 
reside without the two-mile limit of the school they are directed to attend. (Atty. 
Gen., June 5, 1914.) 

153. The question of what constitutes "adequate provision" for the education of 
school children is committed to the board of the district and neither the county 
superintendent nor the courts are vested with the power to control the action of the 
directors in this matter. (Atty. Gen., Nov. 25, 1914.) 

154. If the directors of a school district have established routes for the trans¬ 
portation of children, no appeal lies from the order establishing such routes to the 
county superintendent, and he has no power to compel the school board to rearrange 
such routes to prevent what he deems to be discrimination against children of the 
district. (Atty. Gen., Apr. 2, 1915.) 

155. A contract of a school district with the adult son of one of the directors of 
the district to transport the children of the school to the schoolhouse is not void 
although the son is obligated to support his father by reason of the fact that his 
father deeded to him a ranch and the consideration for the deed was that the son 
should support and maintain the father during the remainder of the father’s life; 
provided that the income from the farm is sufficient to provide support for the father 
and that the proceeds of this contract are not necessary for such support. (Atty. 
Gen., July 22, 1915.) 

156. A school district is without power to pay expenses of transporting a school 
exhibit from the school to a county fair. (Atty. Gen., Oct. 18, 1915.) 

157. A school district cannot lawfully pay for the board of a pupil instead of 
furnishing transportation of such pupil to and from school, even though it would be 
less expensive to do so. The power to furnish transportation to pupils does not include 
the power to furnish what the directors may deem a suitable substitute therefor. 
(Atty. Gen., Dec. 16, 1915.) 

158. A director cannot lawfully be employed by the district to transport his own 
children to school for compensation. (Atty. Gen., June 20, 1917.) 

159. The directors may contract with parents to transport their children to 
school, but have no authority to pay parents for days when no transportation is 
furnished to the children, since they are only empowered to pay for transportation, 
and if none is furnished, they have no power to pay. (Atty. Gen., June 20, 1917.) 

160. A party under contract with a school district to transport pupils for the 
school term, operate an automobile on each school day and receive compensation at 
the rate of fifty cents per day for each pupil transported, is not entitled to compensa¬ 
tion for a day on which no pupils were transported because school was closed because 
of an epidemic. (Atty. Gen., Dec. 28, 1918.) 

161. When children are transported from one school district to another, the 
contract of transportation must be entered into by the district to which the children 
are transported, and the district from which the children are transported does not 
possess the power to enter into such a contract. However, in the event that the first 
mentioned district does make such a contract, the two districts involved may provide 
for a division of the cost of transportation. The statute does not allow one district 
to close its school and enter into a contract for the transportation of its pupils to 
another district, but substantially the same result can be reached if the district to 
which the pupils are to be transported is willing to enter into such a contract. (Atty. 
Gen., Sept. 5, 1919.) 

162. The directors of a school district do not have absolute authority to close 
the school in their district and transport all pupils to an adjoining district. Such a 
method might be employed provided there were no objection, but if objection were 
made, the directors could be forced to maintain school in their district. (Attv. Gen.. 
Apr. 17, 1920.) 

163. A school district cannot lawfully issue bonds to obtain funds for the pur¬ 
chase of a motor truck to be used in transportation of children to and from school. 
(Atty. Gen., Aug. 4, 1921.) 

164. Persons or corporations who own, manage or operate school buses are 
exempt from the requirement of chap. Ill, Laws of 1921, for furnishing bond. (Atty. 
Gen., Aug. 24, 1921.) 

165. The directors of a school district have no authority to purchase liability 
insurance to cover accidents occurring in transportation of children to and from 
school. (Atty. Gen., Jan. 3, 1922.) 

166. The directors of a consolidated district have no authority to enter into or 
make an agreement to furnish transportation for the pupils of annexed territory other 
than that pertaining in the ordinary district. If transportation is furnished to chil¬ 
dren of one of the component districts who reside more than two miles from the 
schoolhouse, it must be furnished to all children who reside without the two-mile 
limit of the school they are directed or required to attend, and while the directors are 



251 


State of Washing ton 


582. Powers and duties of directors—Continued 


not compelled to furnish transportation to those within the two-mile limit, they should 
not discriminate against nor refuse to provide transportation for all the children within 

/ a 6 ++. ^ imi t when they are already providing transportation for some of them. 

(Atty. Gen., Aug. 4, 1922.) 


167. A school district is liable for injuries caused to a pupil or pedestrian by 
en ^ ®P e ^ tl0n a sc h°°l bus owned by the district and used for transportation 
or the pupils thereof and operated by a driver employed by the district and in the dis¬ 
charge of his lawful duties in connection with the same, if his negligence can be 
imputed to the district or its officers or agents. (Atty. Gen., Aug. 11, 1922.) 

1^8. un( ^ er fifteen years of age cannot lawfully operate a motor vehicle 

*■ i? Public highways of this state, but a minor over fifteen years of age, provided 
that he is otherwise qualified, may be employed by a school district for the purpose of 
driving and operating a school bus owned by a district. Contracts with minors are 
not enforcible as against the minor, and while such contracts are not void, the same 
voiuabio at the election of the minor; but such contracts would be binding and 
enforcible as against the school district. (Atty. Gen., Aug. 11, 1922 ) 


169. If the directors of a non-high school district do not believe it to be to the 
best interests of their district to transport its high school pupils to a high school 
district, there is no method whereby they can be compelled to do so. They would, 
however, have no power to transport one pupil and refuse to transport the others. 
In case all but one of the pupils should become ill, they could continue to haul the 
remaining pupil, since there would be no element of discrimination in such action. 
(Atty. Gen., Sept. 6, 1922.) 


170. The directors of a district which has arranged for transportation of all 
pupils except the children of one family who reside on the opposite side of the river 
from the route traveled by the school bus and could be accommodated only by the 
establishment of a route with a round trip of seven miles and provision of a bus for 
them alone, could not be required to employ another bus for such purpose. If con¬ 
nection might be had with the bus by crossing the river, the district might allow 
something for water transportation. . (Atty. Gen., Sept. 20, 1922.) 

171. Where a district has only two pupils and no board of directors, but has 
about one thousand dollars current funds on hand and has made a levy for the 
ensuing year, the county superintendent of schools, acting on behalf of the district, 
has no authority to expend current funds of the district to transport the two pupils 
to the school of an adjoining district. The proper procedure is to disorganize the 
district under the provisions of sec. 514. (Atty. Gen., Oct. 15, 1923.) 

172. Refusal to expend public funds to haul pupils residing outside of the two- 
mile zone to a private school would not constitute unlawful discrimination within the 
purview of the previous holding of the attorney general that when transportation is 
once undertaken all pupils residing outside of the two-mile zone must be carried with¬ 
out discrimination. (Atty. Gen., Nov. 6, 1923.) 

173. A board of school directors may furnish feed for horses used by pupils in 
riding or driving to and from school. (Supt. Pub. Instr., Mar. 3, 1916.) 

174. The matter of compulsory attendance is not affected by the fact that a 
child happens to reside two miles or more from a schoolhouse. The statutory provi¬ 
sion relative to transportation (sec. 582, subd. 11) has no relation to the provision 
dealing with compulsory attendance. (Supt. Pub. Instr., Mar. 28, 1916.) 


175. The power granted by law to boards of directors to provide and pay for 
transportation seems to leave to their discretion the manner of providing for same. 
But there is nothing in the law to permit boards to pay an allowance for trans¬ 
portation which is not in fact furnished. (Supt. Pub. Instr., Mar. 24, 1921.) 

176. In the matter of the storage of the school bus or van overnight, the board 
of directors has absolute custody and may order it kept where a majority of the 
board sees fit, when the bus belongs to the district. (Supt. Pub. Instr., Sept. 9, 1921.) 


177. There is no objection to providing transportation of post-graduate high 
school students if the district wishes to do so, but if such transportation is provided 
the expense must be borne by the district in which they reside and cannot be charged 
against the high school district fund of the county. It is within the discretion of the 
directors to refuse transportation to post-graduate high school students. (Supt. Pub. 
Instr., Oct. 29, 1921.) 

178. Where a school district is furnishing transportation to some of the pupils 
of the district, the directors, in determining whether or not they shall furnish trans¬ 
portation to pupils in a given case, should measure the distance from the schoolhouse 
by the shortest, most reasonable and safest route by which the children may reach 
the schoolhouse from their homes in order to determine whether or not such children 
reside more than two miles from the schoolhouse. (Supt. Pub. Instr., Mar. 6, 1922.) 


179. Directors of a non-high school district who furnish transportation for high 
school pupils to the nearest available high school district are not required to furnish 
transportation to the grade pupils of the district to their own district schools, as the 
matter is within their discretion. (Supt. Pub. Instr., Mar. 23, 1922.) 

180. So far as the laws relating to school transportation are concerned, there is 
nothing to prohibit boys of 16 from driving a school bus, although as a matter of 
safety the plan is questionable. The question must be decided by the school directors, 
having due regard for the laws governing motor vehicles. (Supt. Pub. Instr., Aug. 
9, 1922.) 





252 


Code of Public Instruction 


582. Powers and duties of directors—Continued 

Notes on subdivision 12 

Cross-references: Evening school vocational classes may be established, sec. 271; 
basis of apportionment for night schools, without maximum age limit, sec. 771. 

181. Employment of teachers or increasing the compensation of teachers for 
night work is a matter within the discretion of the district directors and is governed 
by the teacher’s contract of employment. (Atty. Gen., Oct. 27, 1916.) 

182. All common school subjects may be taught in night schools. (Supt. Pub. 
Instr., Sept. 16, 1915.) 

583. Directors may make by-laws 

Any board of directors shall have power to make such by-laws for their own 
government, and the government of the common schools under their charge, as 
they deem expedient, not inconsistent with the provisions of this act, or the 
instructions of the superintendent of public instruction or the state board of 
education. (L. ’09, p. 287, sec. 6; R. C. S., sec. 4781; P. C., sec. 4983.) 

1. Under Code Pub. Ins. secs. 661 and 351, directors have poAver to enforce 
rulings forbidding high school pupils to join secret fraternal societies upon pain of 
loss of all school privileges except class attendance, although meetings of the societies 
were held out of school hours under parental protection, where it is shown that such 
societies have a tendency to destroy good order, discipline and scholarship. Wayland 
v. Hughes, 43 Wash. 441. 

2. A board of school directors has authority to make a by-laAV refusing to 
admit children six years of age to the public schools at any other time than the 
commencement of a term, or perhaps the beginning of a year, but in the absence 
of such a by-law it is not sufficient reason for excluding a child that he is only six 
years of age. (Atty. Gen. Ops. 1901-2, p. 14.) 

3. It is optional with the directors to allow the admission of an eighth grade 
pupil who has passed the state grammar school examinations and received a certifi¬ 
cate so long as the ruling of the directors is not inconsistent with the instructions 
of the superintendent of public instruction or the state board of education. (Atty. 
Gen. Ops., 1903-4, p. 325.) 

4. The manner of voting on questions submitted to the electors at special meet¬ 
ings as pi'ovided in sec. 529 is one of the subjects which could be included in the 
by-laws of a district, but the voting must be by ballot and the ballots must be of 
white paper and of uniform size and quality. (Atty. Gen. Ops., 1911-12, p. 102.) 

5. Where a school district of the first class has determined to provide free 
textbooks and has later promulgated a rule providing that in cases Avhere books were 
destroyed by use, a second set of books should be furnished; and a student who 
failed to pass in bookkeeping was issued another set of bookkeeping books which 
were later taken away from him by the high school principal and refusal was made 
to furnish another set of books without payment therefor, the board of directors may 
be compelled upon appeal to the county superintendent to furnish such books where 
the refusal occurred before the promulgation of said rule. (Atty. Gen., May 15, 1907.) 

6. School directors have the right to decide what duties shall be required of a 
teacher during the noon hour. (Supt. Pub. Instr., Mar. 15, 1915.) 

7. While a school board has the right to make a by-law refusing to admit 
children of six years of age to the public schools at any other time than the com¬ 
mencement of a term, a board does not have the right to make a by-law permitting 
children who are under six years of age at the beginning of a term to be admitted 
to school, eten though such children may become six years of age during the school 
term, as subd. 6, sec. 582 clearly states that the board of directors “shall exclude 
from school all children under six years of age.” (Supt. Pub. Instr., Oct. 5, 1915.) 

8. A school board has the right to determine at what time of the year students 
shall be admitted to the high school. (Supt. Pub. Instr., Feb. 2, 1916.) 

584. Pecuniary interest of directors forbidden—Expenses 

It shall be unlawful for any director to have any pecuniary interest, either 
directly or indirectly, in the purchase of school sites or in the erection of school 
houses, or in the warming, ventilating, furnishing, repairing or insuring of the 
same, or to be in any manner interested in or connected with the furnishing 
of supplies for the maintenance of schools, or to receive or accept any com¬ 
pensation or reward for services rendered as director, or be employed for hire 
by said district or by any person having a contract with said district: Provided , 
That nothing in this section shall be construed to prevent a director elected as 
clerk from acting as purchasing agent for his district, or from receiving such 
compensation for performing the duties of school district clerk as are now or 
may hereafter be provided by law: Provided further , That the actual expenses 
of directors incurred in going to and returning from and while in attendance 
upon any directors’ meeting or other meeting called or held in compliance with 
this code, also like expenses of superintendents or other school representatives, 
chosen by the directors attending any conferences or meetings or upon any 
urgent school business, called by the state superintendent or authorized by the 





State of Washington 


253 


directors, may be paid by the district. (L. ’19, p. 211, sec. 6; R. C. S., sec. 4783; 
P. C., sec. 4985.) 

Cross-references: County directors’ meetings, sec. 440, subd. 17 ; compensation of 
clerk, sec. 588. 

1. Contracts entered into by a board of directors with themselves for the re¬ 
pairing of a school house, even though no one else could be procured to do the work, 

are expressly forbidden by this section: Miller v. Sullivan, 32 Wash. 115. 

2. The payment by the county treasurer of a school warrant issued by a board 

of directors in the payment of a contract expressly forbidden by sta.tute may be en¬ 

joined at the suit of a citizen and taxpayer, although the amount involved is trivial: 

Id. 

3. A relative of one of the directors may legally be employed to teach school. 
(Atty. Gen. Ops., 1893-94, p. 3.) 

4. A director cannot lawfully be employed to perform the duties of a janitor in 
his own district. (Atty. Gen. Ops., 1903-4, p. 143.) 

5. Neither the state superintendent nor the county superintendent has jurisdic¬ 
tion on appeal to recover for a district moneys paid by the district to directors for 

personal services in connection with the erection of a school house for the district 
in violation of the provisions of sec. 584. Suit to recover these moneys would have 

to be filed in the courts on behalf of and in the name of the school district and 

against the offending directors. (Atty. Gen. Ops., 1903-4, p. 329.) 

6. It is unlawful for a director to furnish supplies of any nature to the district. 
(Atty. Gen. Ops., 1911-12, p. 27.) 

7. Directors cannot receive any compensation for services rendered in the con¬ 
struction or repairing of school property. ( Atty. Gen. Ops., 1911-12, p. 27.) 

8. While the employment of relatives by school directors is not expressly pro¬ 
hibited by statute when the directors have no interest in such employment, neverthe¬ 
less the practice is contrary to the spirit of the law and should be limited to cases 
of necessity. (Atty. Gen. Ops., 1911-12, p. 27.) 

9. While the purchase of supplies from an instructor is not directly prohibited 
by statute, the practice should be discouraged, for the reason that more or less of a 
fiduciary relationship exists between the board and an instructor, and therefore the 
whole transaction would be subject to the criticism that the board has been induced 
to purchase the supplies on the recommendation of the instructor. In case the board 
does purchase supplies from an instructor, the reason for such purchase should be 
clearly stated in the minutes of the board, so that all parties to the transaction may 
be protected. (Atty. Gen. Ops., 1911-12, p. 27.) 

10. Directors cannot employ their children as janitors, for the reason that in 
such employment the directors would be, at least indirectly, interested in the contract. 
The word “children” is here used in the sense of a dependent minor, as distinguished 
from a person who has reached the age of majority and is emancipated from the 
support of his parents. However, a contract of this kind is so close to the line that 
it cannot be governed by any hard and fast rule. The test to be applied is: Does 
the particular transaction place the school director in a position whereby his in¬ 
dividual interest is in opposition to his official duty? If it does, the transaction is 
void. (Atty. Gen. Ops., 1911-12, p. 108.) 

11. A school clerk cannot be legally employed by the district to superintend 
improvements being made by the district on the day labor plan. (Atty. Gen. Ops., 
1911-12, p. 196.) 

12. The county superintendent of schools has the legal capacity to maintain 
an action to restrain the payment of warrants issued in violation of this section. 
(Atty. Gen. Ops., 1911-12. p. 284.) 

13. The board of trustees of a school district of the first class cannot employ 
a minor son of a member of the board to care for the lawn of the high school since 
the father is beneficially interested in the contract of employment and any warrant 
issued in pavment for services performed by the minor is illegal. (Atty. Gen. Ops., 
1911-12, p. 284.) 

14. An existing valid contract of a school district with a public service corpora¬ 
tion would not be invalidated by the assumption of the office of director by a stock¬ 
holder in the contracting company but no new contract could be entered into by the 
school board while a stockholder of the contracting company was a member of the 
board and no person interested in a contract could audit any bill in reference to 
such contract or in any manner participate in any determination with reference 
thereto. (Atty. Gen. Ops., 1913-14, p. 495.) 

15. A contract for the erection of a school building cannot be awarded to a 
mill company in which two of the school directors are stockholders. (Atty. Gen., 
Oct. 25, 1910.) 

16. A nerson who takes a contract to build a school house for a school district 

and thereafter is appointed as director of said district cannot legally draw money 

for work done on> the school house while he is acting as director. (Atty. Gen., Dec. 
8, 1910.) 

17. It is unlawful for directors to purchase coal from the district for their 
personal use. It would not be unlawful for directors to order coal for their personal 
use when they are purchasing coal for the district and in that manner save money 
for the district and for themselves as in such transactions they would not be dealing 
with the district. (Atty. Gen., Mar. 28. 1911.) 

18. The director of one of the component districts of a consolidated district is 

not lawfully entitled to receive compensation for services performed in transporting 
pupils to a school of the consolidated district although he has taken no part in the 
affairs of such district and has never acted as director thereof, since his failure to 

meet with the directors of the several districts at the time of the organization of 

the board of the consolidated district under the provision of sec. 4 85 does not have 




254 


Code of Public Instruction 


the effect of depriving him from thereafter acting as one of the directors of the con¬ 
solidated district up to the time of the next annual school election unless after absence 
from four consecutive meetings the county superintendent has declared a vacancy 
to exist and appointed a new director. (Atty. Gen., June 4, 1914.) 

19. In case a contract to build a school house for a school district of the first 
class was let to a mill company in. which the husband of one of the directors is 
interested and was at the time the contract was made, the interest which the wife 
has in the earnings of the community would be at least an indirect interest within 
the meaning of this section and the contract is absolutely void and cannot be enforced 
against the district and there is no procedure by which the mill company can recover 
from the district for material and work already furnished and performed. The tom- 
pletion of the building might be effected by the resignation of the interested director 
and letting of a new contract but such procedure would not validate anything already 
done. (Atty. Gen., Dec. 9, 1914.) 

20. A contract of a school district with the adult son of one of the directors 
of the district to transport the children of the school to the school house is not void 
although the son is obligated to support his father by reason of the fact that his 
father deeded to him a ranch and the consideration for the deed was that the son 
should support and maintain the father during the remainder of the father’s life, 
provided that the income from the farm is sufficient to provide support for the 
father and that the proceeds of this contract are not necessary for such support. 
(Atty. Gen., July 22, 1915.) 

21. A director cannot lawfully be employed by the district to transport his 
own children to school for compensation. (Atty. Gen., June 20, 1917.) 

22. This section authorizes the payment of the actual expenses incurred by the 
directors in attending meetings of the board. (Atty. Gen., Aug. 13, 1919.) 

23. Two directors of a school district are not entitled to reimbursement for their 
expenses incurred for making a trip to Seattle for school teachers, although an 
emergency existed and it was necessary for them to make the trip in order to secure 
the teachers, since such a trip is neither a trip to a director’s meeting nor a meeting 
held in compliance with the provisions of the code and the phrase, “other school 
representatives chosen by the directors” does not include directors chosen by them¬ 
selves. (Atty. Gen., Dec. 2, 1919.) 

24. The claim of a city superintendent of schools for expenses incurred in at¬ 
tending a meeting of the Washington educational association is a proper charge 
against the district if the trip was authorized by the directors and made at their 
request. (Atty. Gen., May 26, 1920.) 

25. If a school director is employed by a corporation on salary, a contract for 
purchase of supplies by the district from such corporation would not be in conflict 
with this section, if his employment would not depend upon the fact that the corpora¬ 
tion sold supplies to the school district, but if the relation of the director to the 
corporation is such that he participates in the profits of the corporation, or if his 
position depends upon the purchase of supplies from the corporation by the school 
district, such purchase would be unlawful. (Atty. Gen., Mar. 11, 1922.) 

26. A teacher whose husband was elected to the office of director of the district 
after she had entered into her contract of employment may legally receive her 
salary, although her husband qualifies as director. (Atty. Gen., Mar. 23, 1923.) 

27. In the absence of particular circumstances to show that the mother of a 
school director is dependent upon him it cannot be said as a matter of law that he 
has any pecuniary interest in a contract between his mother and the district which 
would make such contract illegal. (Supt. Pub. Instr., Nov. 22, 1915.) 

28. A director employed by a firm selling supplies to a school district is inter¬ 
ested, at least indirectly in the sale. (Supt. Pub. Instr., July 3, 1919.) 

29. School directors cannot draw a per diem of $2.00 for each attendance upon 
school board meetings. (Supt. Pub. Instr., Mar. 27, 1922.) 

30. The wife of a member of a school board cannot contract to teach in the 
district of which her husband is director. (Supt. Pub. Instr., June 26, 1922.) 


585. Shall deliver records to his successor 

Every school officer shall immediately deliver to his successor in office all 
books, papers and moneys pertaining to his office. (L. ’09, p. 288, sec. 10; R. C 
S., sec. 4785; P. C., sec. 4987.) 

Cross-reference: Penalty for refusal or failure of school officer to deliver books, 
papers, records and moneys to successor, sec. 4 24. 





State of Washington 


255 


ARTICLE XVIII—DISTRICT OFFICERS—CLERK 

586. Clerk to notify county superintendent of organization of board. 

587. Duties of the district clerk. 

588. Compensation of clerk—limit in third class district. 

Cross-references: Clerk to be administrative officer of public school system, sec. 2 ; 
women may serve, sec. 3 ; liability of clerk to district for loss of apportionment, sec. 
423 ; county superintendent to furnish clerks with descriptions of boundaries on request, 
sec. 440, subd. 12 ; clerks to report indebtedness of district annexed by extension of 
city boundaries, sec. 480 ; to report payment of indebtedness of components of con¬ 
solidated districts, sec. 489 ; election of clerk of consolidated district, sec. 485 ; of union 
high school district, sec. 493 ; of joint district, sec. 505 ; duties of clerks with reference 
to formation of union high school districts, secs. 491-494 ; powers and duties of clerks 
of union high school districts, sec. 497 ; election of clerks of districts of the second 
class, sec. 725; of districts of the third class, sec. 738; clerks to claim attendance of 
non-resident pupils, sec. 767; county superintendent to notify clerks of amount of 
apportionment, sec. 773 ; clerks to sign bonds, secs. 793, 799 ; duties of clerk under 
state retirement fund act, secs. 331-332. 

586. Clerk to notify county superintendent of organization of board 

Every school district clerk in districts of the second and the third class shall 

within ten days after any change in the office of chairman or clerk, notify the 
county superintenednt of such change in the organization of the board. (L. ’09, 
p. 304, sec. 1; R. C. S., sec. 4841; P. C., sec. 5041.) 

587. Duties of the district clerk 

The duties of the district clerk shall be as follows: 

First. To attend all meetings of the boards of directors; but if he shall 
not be present the board of directors shall select one of their number to act 
as clerk, who shall certify the proceedings of the meeting to the clerk of the 
district, to be recorded by him. He shall keep his records in a book to be 
furnished by the board of directors, and he shall preserve copies of all reports 
made to the county superintendent, and safely preserve and keep all books and 
documents belonging to his office, and shall turn the same over to his successor. 

Second. To keep accurate and detailed accounts of all receipts and expendi¬ 
tures of school money. At each annual school meeting the district clerk must 
present his record book for public inspection, and shall make a statement of the 
financial condition of the district and of the action of the directors, and such 
record must always be open for public inspection. 

Third. To take annually in May of each year, an exact census of all children 
and youth between the ages of five and twenty-one years who were bona fide 
residents of the district on the first day of May of that year. He shall designate 
the name and sex of each child, and the date of its birth; the number of weeks 
it has attended school during the school year, and its postoffice address. Parents 
or guardians must be required to sign a certified statement of the correctness of 
this report: Provided , That Indian children not living under the guardianship 
of white persons, or who have not severed their tribal relations shall not be 
included in said census. He shall also list separately all defective youth between 
the ages of five and twenty-one and give such information concerning them as 
may be required. 

Fourth. To make to the county superintendent on or before the fifteenth day 
of July his annual report verified by affidavit upon blanks to be furnished by 
the superintendent of public instruction. It shall contain such items of informa¬ 
tion as said superintendent of public instruction shall require, including the 
following: A full and complete report of all children enumerated; the number 
of schools or departments taught during the year; the number of children, male 
and female, enrolled in the school, and the average daily attendance; the num¬ 
ber of teachers employed, and their compensation per month; the number of 
days school was taught during the past school year, and by whom; and the 
number of volumes, if any, in the school district library; the number of school 
houses in the district, and the value of them; the aggregate value of all school 
furniture and apparatus belonging to the district, and the clerk shall keep on 
file a duplicate copy of said report. 




256 


Code of Public Instruction 


587. Duties of the district clerk—Continued 

Fifth. To carry out all orders of the board of directors made at any regular 
or special meeting, and to keep an accurate account of all expenses incurred 
by him in his district in keeping the school house in repair, in providing for 
necessary janitor work, and in providing school supplies, and for other expenses 
incurred by him on account of the school, which accounts must be audited by 
the board of directors, and paid out of the district school fund. 

Sixth. To give the required notice of all annual or special elections; also 
to give notice of the regular and special meetings of the board of directors as 
herein authorized. 

Seventh. To report to the county superintendent at the beginning of each 
term of school the name of the teacher and the proposed length of the term, 
and to supply the teacher with the school register furnished by the county 
school superintendent. 

Eighth. To sign all warrants ordered to be issued by the board of directors 
and to report to the county treasurer on or before the first Monday of each 
calendar month all the warrants drawn by the directors of his district, giving 
date, number and fund on which each warrant is drawn. (L. ’09, p. 304, sec. 2; 
R. C. S., sec. 4842; P. C., sec. 5042.) 

Notes on subdivision 1 

Cross-references: Penalty for failure of school officer to deliver records to suc¬ 
cessor, sec. 424 ; county superintendent to see that clerks’ records are properly kept, 
sec. 441 ; salary of clerk withheld until certificate has been signed that all reports have 
been made, sec. 588. 

Notes on subdivision 2 

Cross-references: Duties of county auditor with reference to accounts and war¬ 
rants, sec. 45 et seq. ; county superintendent to see that clerks’ records are properly 
kept, sec. 441. 

Notes on subdivision 3 

Cross-references: Clerks to segregate normal school model training department 
attendance, sec. 157 ; clerks to report deaf, mute and blind youth, sec. 213 ; clerks to 
report feeble-minded youth, secs. 230 and 231 ; school apportionment based upon attend¬ 
ance. sec. 309 ; clerks to provide teachers with copy of census report, sec. 358 ; clerks 
to include children four years of age and over in census, sec. 635. 

1. The parents’ statement of the age of children would ordinarily be entitled 
to great weight but would not be conclusive. Any other competent authority or 
proof could be resorted to for purpose of determining the age of pupils. While the 
school census may be prima facie evidence of the child’s age, when taken in accord¬ 
ance with the statute, it would not be conclusive. (Atty. Gen. Ops., 1905-6, p. 329.) 

2. All Indians who have received allotments of land in severalty and have 
taken up their residence thereon should be included in the school census if they are 
between the ages specified in the law. (Atty. Gen. Ops., 1909-10, p. 23.) 

3. Census enumeration of children between four and five years of age should 
be made in every district of the first or second class regardless of whether or not 
the district maintains a kindergarten. (Atty. Gen., June 11, 1918.) 

4. Children between four and five years of age should not be enumerated in 
the school census of districts other than of the first and second classes. (Atty. Gen., 
June 18, 1918.) 

5. The residence of a minor child, unless he be an emancipated minor, is legally 
the same as that of his parents. The school census of a district should therefore 
include no minors, except emancipated minors, whose parents are non-residents of 
the district, regardless of the proportion of their time such minors may spend in 
the district. (Supt. Pub. Instr., July 18, 1919.) 

6. Generally speaking, men serving in the military service stationed on a gov¬ 
ernment military reservation are not residents of a school district embracing a por¬ 
tion of the reservation. If a man were residing in the district at the time of his 
enlistment he might be considered a resident so that his name should be included in 
the school census if he were of proper age. (Supt. Pub. Instr., July 20, 1921.) 

Notes on subdivision 4 

Cross-references: Clerks to make verified report with reference to compliance with 
the provisions of the compulsory school law at time of making annual report, penalty, 
sec. 361 ; county superintendent to preserve clerk’s report, sec. 440, subd. 8 ; county 
superintendent’s annual report to contain abstracts of clerks’ reports, sec. 44 0, subd 
11; reports of clerks of joint districts, sec. 513; salary of clerk withheld when’report 
has not been made, sec. 588 ; clerks to report kindergarten attendance, sec. 635. 

7. Neither a county superintendent nor his deputy can hold the office of school 
clerk and upon accepting the office of district clerk thereby vacates the office of 
superintendent or deputy, or vice versa. (Atty. Gen. Ops., 1901-2, p. 256.) 

Notes on subdivision 5 

Cross-references: Clerk may be appointed district purchasing agent, sec. 584; 
county auditor to audit accounts of third class districts, sec. 847 ; county treasurer to 
pay out all school district moneys, sec. 856. 




State of Washington 


257 


587. Duties of the district clerk— Continued 

Notes on subdivision 6 

Cross-references: Notice of elections for formation of union high school districts, 
sec. 492; county superintendent to notify clerk of change of election dates, sec. 521; 
notices of annual and special elections, sec. 522 ; of special meetings, sec. 529 ; notices 
of elections to be posted by county election boards in class A counties and counties of 
the first class, sec. 535; nominations to be filed with clerk in class A counties and 
counties of the first class, sec. 538; notices in counties other than class A counties 
and counties of the first class, in port districts containing a school district of the 
first class, sec. 545 ; notices of board meetings in districts of the second class, sec. 726 ; 
in districts of the third class, sec. 739 ; notices of elections for validation of indebted¬ 
ness, sec. 791 ; notices of bond elections, sec. 799. 

8. The clerk of the school board is required to post notices of elections. It is 
not necessary for the board to order these notices, since that is a duty imposed upon 
upon the clerk by sec. 522. (Supt. Pub. Instr., Feb. 18. 1914.) 

9. The district clerk is not required to file notice of a special election, or of 
any school election, with the county superintendent. He must post notices in accord¬ 
ance with the provisions of section 522. (Supt. Pub. Instr., Sept. 17, 1919.) 

Notes on subdivision 7 

Cross-references: School register to be printed and distributed by the superin¬ 
tendent of public instruction, sec. 6. subd. 3 ; teachers’ warrants to be withheld until 
reports have been made, sec. 312 ; duty of teacher to keep register, sec. 317 ; clerk to 
notify secretary of state retirement fund of employment of new teacher, sec. 331; 
requisitions and payment for registers, sec. 440, subd. 19 ; determination of length of 
term by special meeting of the voters of the district, sec. 528. 

10. A person employed as a teacher is ineligible to the office of clerk of the 
district in which he is employed and a person occupying the office of clerk who 
accepts employment as teacher thereby vacates the office of clerk. (Atty. Gen. Ops., 
1901-2, p. 256.) 

Notes on subdivision S , 

Cross-references: Clerk to make deductions from warrants for state retirement 
fund and to draw warrant in favor of state treasurer for amount of dues, sec. 332 ; 
clerk to file signature with county auditor, sec. 581 ; county auditor to issue warrants 
for districts of the second and third classes, sec. 845 ; monthly report of auditor to 
clerks, sec. 856. 

11. Under the former statute providing for issuance of warrants by boards of 
school directors, it was held that writ of mandamus did not issue at the suit of two 
directors to compel the third director to sign warrants for payment of teachers’ 
salaries because mandamus will lie only at the instance of parties in interest. State 
ex rel. Starrett v. James, 14 Wash. 82. 

12. Mandamus will lie upon the application of a school teacher to compel issu¬ 
ance of a salary warrant as prescribed by a contract because the remedy at law is 
inadequate, since it could result only in judgment directing issuance of the warrant. 
Slate ex rel. Brown v. McQuade, 36 Wash. 579. 

588. Compensation of the clerk 

The district clerk of districts of the second class shall receive three dollars 
per day for the time actually and necessarily spent in taking the census and 
making his report, and he shall receive such other reasonable compensation for 
other services as the directors shall allow, said accounts to be audited and paid 
by the directors out of the funds of the district; Provided, That a director 
elected as clerk in a third class district may be allowed not to exceed sixty 
dollars per year for taking the census and making his report, for performing 
his other duties as clerk and for rendering such other services for the district 
as the director shall approve; Provided further, That no account for services 
rendered by any district clerk shall be audited or allowed by any board of 
directors, or any warrant issued for the payment of any such accounts, until he 
shall have filed with the board of directors a certificate of the county superin¬ 
tendent of his county that all reports required by law have been properly made; 
and it shall be the duty of the county superintednent to make and transmit to 

the clerks of such districts as have made all reports required by law, on or 

before the first Saturday of the month of August of each year, the certificate 
required by this section. (L. ’09, p. 437, sec. 1; R. C. S., sec. 4843; P. C., sec. 
5043.) 

Cross-references: Pecuniary interest of clerk in district contracts forbidden, sec. 
584 ; school census, sec. 587, subd. 3 ; annual report of clerk, sec. 587, subd. 4. 

1. A clerk cannot be employed by the district to superintend improvements 
being made on the day labor plan since the scope of this section as to the “other 
services” herein mentioned is limited by the provisions of sec. 584 forbidding em¬ 
ployment of directors for hire by the district. (Atty. Gen. Ops., 1911-12, p. 196.) 

2. One person may serve as clerk of a school district and prosecuting attorney 

and receive salary for both offices. (Atty. Gen., Feb. 27, 1914.) 

3. The board of directors of a district of the second class has authority to 

present evidence of a character necessary to determine the facts set forth in sec. 475 

—9 






258 


Code of Public Instruction 


relative to property adjustment upon alteration of the boundaries of such district 
and, if necessary for the presentation of such facts, to require the attendance or the 
clerk at such meeting and to allow him compensation therefor. (Atty. Gen., Oct. 29, 
1915.) 

4. A clerk of a district can be paid out of the public funds, and it is entirely 
legal to pay a clerk a stated salary per month. He is the only officer on the board 
who can be paid a salary out of school funds. (Supt. Pub. Instr., Dec. 9, 1914.) 


ARTICLE XIX—DISTRICT OFFICERS—ATTORNEY 

589. Attorney for school districts, etc. 

590. To advise county officers. 

t 

Cross-reference: Prosecuting attorney member of election boards for certain dis¬ 
tricts, secs. 535 and 545. 

589. Attorney for school districts, etc. 

The prosecuting attorney of each county shall have authority and it shall 
be his duty, subject to the supervisory control and direction of the attorney 
general, to appear for and represent the state and the county and all school 
districts in the county in which he is a prosecuting attorney, in all criminal 
and civil actions and proceedings in such county in which the state or such 
county or such school district is a party. (L. ’ll, p. 375, sec. 1; R. C. S., sec. 
116; P. C., sec. 1786.) 

Cross-references: Duty of prosecuting attorney to proceed against county superin¬ 
tendent for failure to enforce teaching of hygiene, sec. 249 ; duties of county attorney 
in enforcement of compulsory school law, sec. 360 ; prosecuting attorney to file notice 
of condemnation petition, sec. 611; attorney of district may verify pleadings, sec. 597 ; 
power of directors of districts of the first class to employ attorneys, sec. 661, subd. 6. 

1. Notwithstanding sec. 589 makes the prosecuting attorney the legal adviser of 
all school districts, a component district of a consolidated district formed with the 
advice of the prosecuting attorney may employ special counsel, where such counsel is 
employed upon the advice of the prosecuting attorney and the interests of the com¬ 
ponent districts are so antagonistic to each other that the prosecuting attorney could 
not properly represent the interests of all: State ex rel. Dysart v. Gage, 107 Wash. 
282. 

2. The prosecuting attorney is the legal representative of the county and of the 
school districts within the county, but where school districts are contemplating an 
action against the county his first duty is to the county. (Atty. Gen. Ops., 1915-16, 
p. 105.) 

3. One person may serve as clerk of a school district and prosecuting attorney 
and receive salary for both offices. (Atty. Gen., Feb. 27, 1914.) But see note 7. 

4. The prosecuting attorney must conduct condemnation suits for school districts 
without compensation. (Atty. Gen., July 19, 1915.) 

5. The courts have held, that in cases of doubt the opinions of the attorney general, 
especially where acted upon by other officers of the state, are entitled to great weight 
when the same question comes before the courts in a legal proceeding. It has been 
held also that in certain instances, where officers have acted pursuant to the advice 
of the attorney general of a state, the officers will not be held personally liable, even 
though the court should find that the opinion of the attorney general w r as unsound. 
(Atty. Gen., Mar. 31, 1916.) 

6. The prosecuting attorney is ineligible to hold the office of director of a school 
district of the second class situated in the county wherein he in prosecuting attorney. 
(Atty. Gen.. Apr. 1, 1921.) 

7. An attorney who has associated with a prosecuting attorney in representing 
a district of the second or third class as well as the county superintendent and the 
board of county commissioners in litigation over the setting off of a certain part of 
one district to another district may not lawfully be paid for his services out of funds 
of the district. (Atty. Gen., Apr. 17, 1922.) 

8. If the superintendent of public instruction is opposed to a school district in 
appeal proceedings such fact would not disqualify the prosecuting attorney from acting 
for the district but if the county superintendent of schools is opposing the district the 
prosecuting attorney is his adviser and would thereby be disqualified from acting for 
the district. (Atty. Gen., June 2, 1923.) 

590. To advise county officers 

The prosecuting attorney in each county is hereby required to give legal 
advice, when required, to all county and precinct officers, and directors and 
superintendents of common schools, in all matters relating to their official 
business; and when so required, he shall draw up, in writing all contracts, 
obligations, and like instruments of an official nature, for the use of said officers. 
(L. ’86, p. 61, sec. 8; R. C. S., sec. 4132; P. C., sec. 1790.) 

Cross-reference: Prosecuting attorney to be ex-officio legal adviser of local retire¬ 
ment funds, sec. 684. • 






State of Washington 


259 


ARTICLE XX—DISTRICT CONTRACTS, DEBTS AND LIABILITIES 

—ACTIONS 

591. School districts to be liable for debts. 

592. Subject to garnishment. 

593. Nature of judgment. 

594. Playground accidents, not liable for. 

595. Actions by public corporations. 

596. Actions against public corporations. 

597. Verification of pleadings by public corporation. 

598. Satisfaction of judgments. 

599. Attachment of officer refusing to satisfy judgment. 

600. Appeal bonds not required of school districts. 

601. Commercial waterways act—eminent domain extended to pub¬ 
lic lands. 

602. Assessment of benefits against state and municipalities—pay¬ 
ment. 

>. 603. Dikes and drains—school districts subject to act. 

604. Improved road system—district lands subject to assessment. 

Cross-references: Violation of teacher’s contract cause for revocation of cer¬ 
tificate, sec. 307 ; appeals relating to contracts to be taken to courts, sec. 411; corporate 
powers of school districts, sec. 464 ; teachers’ contracts, sec. 582, subd. 1 ; contracts for 
transportation of pupils, sec. 582, subd. 11 ; pecuniary interest of directors in contracts 
forbidden, sec. 584 ; county attorney to draw up contracts for directors and superin¬ 
tendents, sec. 590 ; contractors’ bonds, sec. 624 ; contracts required in districts of the 
first class for expenditures of more than three hundred dollars, sec. 659 ; contract of 
superintendent or principal in districts of the second class, sec. 731 ; district contracts 
void if in excess of debt limit, sec. 787 ; teachers’ contracts to be signed by county 
superintendent before warrants are issued, sec. 849. 

591. School districts to be liable for debts 

Every school district shall be liable for any debts legally due, contracted 
under the provisions of this act, and for judgments against the district, and 
such district shall pay such judgment or liability out of the proper school funds 
to the credit of the district. (L. ’09, p. 287, sec. 4; R. C. S., sec. 4779; P. C., 
sec. 4981.) 

Cross-references: Satisfaction of judgments against districts, secs. 598, 599 ; 
entry of judgment in condemnation proceedings, sec. 619 ; issuance of emergency war¬ 
rants to meet judgments against districts of the first class, sec. 829. 

1. Const, art. 7, sec. 2, exempting school district property from taxation does 
not prohibit a special assessment against the same to the extent of benefits from a 
local improvement. In re Howard Avenue North, 44 Wash. 62. 

2. The lots of a school district are subject to local improvement assessments 
under Laws 1893, p. 189, sec. 22, requiring cities to levy the assessment upon all 
property in the locality benefited by the improvement, in the absence of any ex¬ 
pressed intent of the legislature to exempt such property, although school property 
is not in express terms directed to be assessed: Id. 

3. A school district is liable for the negligent acts and omissions of its officers 
or agents whereby a bucket of hot water, used in connection with the heating ap¬ 
paratus of a schoolroom, is overturned and a pupil burned or scalded, under secs. 
595 and 596, authorizing actions against a school district for an injury arising from 
some act or omission of the district, the statute applying to governmental functions : 
Red field v. School District No. S, 48 Wash. 85. 

4. A school house and site belonging to a school district are assessable for 
public improvements when situated like other property in the district with reference 
to the improvement and similarly benefited as real estate: Spokane v. Fonnell , 75 
Wash. 417. 

5. Where one employed as superintendent of schools was not entitled to the 
office because there was no vacancy, but at the same time entered into a regular 
teacher’s contract with the majority of the board to teach in the schools of the dis¬ 
trict, he is entitled to the contract price for services actually performed by him 
under the contract as a teacher: Caldwell v. School District No. SOI , 85 Wash. 70. 

6. A school district is not liable for injuries inflicted by an employee engaged 
to deliver parcels on a motorcycle, where he was using the machine after working 
hours, without permission and contrary to orders, for his own convenience to go to 
his home; and undisputed evidence to that effect overcomes the presumption of 
liability from proof of ownership of the machine: Babbitt v. Seattle School District 
No. 1, 100 Wash. 392. 

7. The school code, sec. 1 et seq., providing for a general and uniform public 
school system, does not impliedly repeal sec. 596, rendering a school district liable 
for torts ; in view of the fact that repeals by implication are not favored and that 
the act makes no reference to liabilities for torts: Kelley v. School District No. 71, 
102 Wash. 343. 





260 


Code of Public Instruction 


8. The manufacturer of school desks made for a school district according to 
special plans and specifications may recover the price of the desks if he has honestly 
and faithfully tried to comply with the specifications and the desks comply sub¬ 
stantially with the contract: Harrild v. Spokane School District, 112 Wash. 266. 

9. It is mandatory on a school district to pay a judgment rendered against it 
and the statutory and constitutional limitations of indebtedness have no application. 
A warrant should be issued in payment of the judgment and paid in the order of its 
issuance and not transposed in favor of claims for necessary expenses. If, however, 
satisfactory arrangements can be made with the judgment creditor the judgment may 
be paid off in instalments by sufficient levy each year to meet the instalments due in 
such year. (Atty. Gen., June 19, 1919.) 

592. Subject to garnishment. 

Counties, cities, towns, school districts and other municipal corporations 
shall be subject to garnishment in the superior and justice courts, but only 
after judgment shall have been entered against the defendant in the main 
action. (L. ’15, p. 357, sec. 1; R. C. S., sec. 680-1; P. C., sec. 8026.) 

Cross-reference: Retirement fund annuities not subject to garnishment, secs. 341 
and 699. 

1. This section carries the necessary implication that the act applies to officers 
and employees engaged in the public service and removes the immunity of officers’ 
salaries from garnishment: Hanson v. Hodge, 92 Wash. 425. 

593. Nature of judgment 

No regular judgment in garnishment shall be entered against any municipal 
corporation, but the judge of the superior court, or justice of the peace shall 
by written order command the auditing officer, or body of such municipal cor¬ 
poration to audit and pay to the judgment creditor the amount due from the 
garnishee to the principal defendant, not exceeding the amount of the judgment 
in the main action, whereupon the same shall be paid by the garnishee: Pro¬ 
vided, Nothing in this act shall be construed to impair the rights of defendants 
to claim exemptions of wages as provided by law. (L. ’15, p. 357, sec. 2; R. C. S., 
sec. 680-2; P. C., sec. 8027.) 

Cross-reference: Auditing of school district accounts, sec. 845 et seq. 

1. There is no limitation on the amount of levy to be made for payment of a 
judgment against a school district. (Atty. Gen., June 19, 1919.) 

2. It is mandatory on a school district to pay a judgment rendered against it 
and the statutory and constitutional limitations of indebtedness have no application. 
A warrant should be issued in payment of the judgment, paid in the order of its issu¬ 
ance and not transposed in favor of claims for necessary expenses. If, however, satis¬ 
factory arrangements can be made with the judgment creditor the judgment may be 
paid off in installments by sufficient levy each year to meet the installments due in 
such year. (Atty. Gen., June 19, 1919.) 

594. Actions against district—Not maintainable 

No action shall be brought or maintained against any school district or its 
officers for any non-contractual acts or omission of such district, its agents, 
officers or employes, relating to any park, playground, or field house, athletic 
apparatus or appliance, or manual training equipment, whether situated in or 
about any school house or elsewhere, owned, operated or maintained by such 
school district. (L. ’17, p. 332, sec. 1; R. C. S., sec. 4706; P. C., sec. 4897.) 

1. A school district is only a quasi corporation, and in the maintenance of 
exercise ladders in a play room, is exercising only a governmental function and is 
not, at common law, liable for injuries resulting from its negligence in the premises. 
Howard v. Tacoma School District No. 10, 88 Wash. 167. 

2. Sec. 594, providing that no action shall be commenced or maintained against 
a school district for noncontractual acts or omissions of officers or employees relating 
to playgrounds, prohibits the plaintiff from prosecuting an appeal from an adverse 
judgment, after the taking effect of the law; since to prosecute an appeal is to 
maintain an action : Foley v. Pierce County School District No. 10, 102 Wash. 50. 

3. Code Pub. Ins. sec. 594, providing that no action shall be “brought or main¬ 
tained” against a school district for non-contractual acts or omissions of officers or 
employees relating to play grounds owned or operated by the district does not apply 
to an action which had gone to judgment against the school district prior to the 
taking effect of Code Pub. Ins. sec. 594, notwithstanding the pendency of an appeal 
by the defendant at that time; since the prevailing party is not “maintaining” an 
action by appearing and resisting the appeal: Brucnn v. North Yakima School District 
No. 7, 101 Wash. 374. Holt v. School District No. 71, 102 Wash. 442. Kelley v. School 
District No. 71, 102 Wash. 343. 

4. Code Pub. Ins. sec. 594, providing that no action shall be brought or main¬ 
tained against a school district for noncontractual acts or omissions of officers or 
employees relating to playrounds, applies to pending actions that had accrued prior 
to the enactment of the law: Bailey v. School District No. 1,0, 108 Wash. 612 




State of Washington 


261 


5. As the right to sue a school district in tort rests in statute, it is not a vested 
right of property; hence sec. 594, repealing the law, is not unconstitutional in de¬ 
priving a child of his former right of action for injuries sustained on playgrounds 
prior to the enactment of the law: Id. 

6. Sec. 594, providing that no action shall be maintained against school districts 
relating to specified matters, bears a direct relation to the title, “An act relating to 
actions against school districts” ; and the generality of the title is not a valid 
objection to it: Swanson v. School District No. 15, 109 Wash. 652. 

7. The provisions of sec. 594, forbidding certain actions against school district 
officers is severable from that part of the act forbidding actions against school 
districts; so that if this section were unconstitutional because of failure of the title 
of the act to include officers it would not affect the constitutionality of the balance 
of the act relating to school districts : Id. 

8. This section is not open to the objection of being class legislation; since it 
covers all school districts in the state: Id. 

9. Sec. 594, changing the law relating to certain actions against school districts, 
being a complete and independent act without reference to prior laws on the subject, 
does not offend against Const., art. 2, sec. 37, providing that no act shall be revised 
or amended by reference to its title but the revised act shall be set forth in full: Id. 

10. Sec. 594 only exonerates school districts from liability as to athletic ap¬ 
paratus or appliances or manual training equipment used in connection with any 
park, playground or field house; hence a district is liable for negligence in leaving 
on the school grounds a steel tank taken from its building, upon which a child was 
injured while playing upon it: Stovall v. School District No. 49, 110 Wash. 97. 

11. Where an act to exonerate school districts from all liability failed of 
passage and was passed in a restricted form, the history of the act sustains an in¬ 
terpretation limiting the original operation of the act: Id. 

12. Teachers employed in manual training departments where any kind of power 
driven machine is used are clearly within the provisions of the workmen’s compensa¬ 
tion law relating to extra-hazardous employment. (Atty. Gen., Mar. 11, 1916.) 

13. A student injured in the manual training department would not be entitled 
to compensation under the workmen’s compensation act. (Atty. Gen., Jan. 24, 1923.) 

14. This section does not exclude employees of school districts engaged in extra- 
hazardous occupations from the workmen’s compensation act. (Atty. Gen., Jan. 24, 
1923.) 

595. Actions by public corporations 

An action at law may be maintained by any county, incorporated town, 
school district, or other public corporation of like character in this state, in 
its corporate name, and upon a cause of action accruing to it, in its corporate 
character, and not otherwise, in either of the following cases: — 

1. Upon a contract made with such public corporation; 

2. Upon a liability prescribed by law in favor of such public corporation; 

3. To recover a penalty or forfeiture given to such public corporation; 

4. To recover damages for an injury to the corporate rights or property of 
such public corporation. (L. ’69, p. 154, sec. 601; R. C. S., sec. 950; P. C., sec. 
8393.) 

Cross-references: District may recover damages from parent for injuries to school 
property by pupil, sec. 352 ; actions against district clerk for loss caused by false 
report under compulsory attendance act, sec. 361 ; actions against clerk for loss of 
school apportionment, sec. 423 ; action by county superintendent in the name of and 
for the benefit of a district to recover apportionment lost through clerk’s negligence, 
sec. 423 ; personal liability of director to district for loss by reason of employment of 
a person not qualified to teach, sec. 424; corporate name and character of school dis¬ 
tricts, sec. 4 64. 

1. A school district may maintain suit to recover its proportionate share of a 
fund, derived from proceeds of forest reserves, which the county is holding in trust 
for the benefit of the public schools therein and is diverting to other purposes: King 
County, Wash. v. Seattle School District No. 1, 278 Fed. 631; Everett School District 
No. 24 v. Pearson, 261 Fed.. 631. 

2 A suit in equity by a school district against the county to enforce its right 
to a share of a fund paid by the United States to a state from the receipts of a forest 
reserve, under act of congress of May 23, 1908 (35 Stat. 260 ; U. S. Comp. Stat., sec 
5149), “for the benefit of the public schools and public roads” of the county, and paid 
by the state to the county under a state statute for the same purpose, is within the 
jurisdiction of a federal court of equity, as involving the construction of a trust 
created by the federal statute: King County, Wash. v. Seattle School District No. 1, 
278 Fed. 46. 

3. Where architects were employed to furnish plans for a school building and 
superintend the construction, and certified that the building was completed in accord¬ 
ance with the plans, the school directors were entitled to rely on the sufficiency of the 
construction, although they knew the roof was not provided with collar beams and 
should have known that such construction was faulty; hence their reliance thereon, 
even after a fall of snow caused the roof to spread, will not defeat an action for 
damages on account of the faulty construction by the architects: School District No. 
172 v. Josenhans, 88 Wash. 624. 






262 


Code of Public Instruction 


596. Actions against public corporations 

An action may be maintained against a county, or other of the public cor¬ 
porations mentioned or described in the preceding section, either upon a con¬ 
tract made by such county or other public corporation in its corporate character, 
and within the scope of its authority, or for an injury to the rights of the 
plaintiff arising from some act or omission of such county or other public cor¬ 
poration. (L. ’69, p. 154, sec. 602; R. C. S., sec. 951; P. C., sec. 8394.) 


Cross-i*eference: Liability of district in event of failure to require contractor’s 
bond, sec. 626. 

1. In order to obtain jurisdiction of a school district a copy of the summons 
must be served upon the clerk and service upon another member of the board of 
directors is insufficient: Downs v. Board of Directors , 4 Wash. 309. See Laws 1897, p. 
284, sec. 1 ; R. C. S., sec. 226 ; P. C., sec. 8438, providing for service upon the clerk. 

2. A school district is liable for the negligent acts and omissions of its officers 
or agents whereby a bucket of hot water, used in connection with the heating apparatus 
of a schoolroom, is overturned and a pupil burned or scalded, under secs. 595 and 596, 
authorizing actions against a school district for an injury arising from some act or 
omission of the district, the statute applying to governmental functions: Redfield v. 
School District No. 8, 48 Wash. 85. 

3. A school district is only a quasi corporation, and in the maintenance of exercise 
ladders in a play room, is exercising only a governmental function and is not, at 
common law, liable for injuries resulting from its negligence in the premises : Howard 
v. Tacoma School District No. 10, 88 Wash. 167. 

4. A school district is not liable for injuries inflicted by an employee engaged to 
deliver parcels on a motorcycle, where he was using the machine after working hours, 
without permission and contrary to orders, for his own convenience to go to his home ; 
and undisputed evidence to that effect overcomes the presumption of liability from 
proof of ownership of the machine: Babbitt v. Seattle School District No. 1, 100 
Wash. 392. 

5. The school code, sec. 1 et seq., providing for a general and uniform public 
school system, does not impliedly repeal Id., sec. 596, rendering a school district liable 
for torts ; in view of the fact that repeals by implication are not favored and that the 
act makes no reference to liabilities for torts: Kelley v. School District No. 71, 102 
Wash. 343. 

6. Sec. 594, which provides that no action shall be maintained against any school 
district relating to any “park, playground or field house, athletic apparatus or appli¬ 
ance or manual training equipment,” whether situated in or about any schoolhouse or 
elsewhere, only exonerates school districts from liability as to athletic apparatus or 
appliances or manual training equipment used in connection with any park, playground 
or field house ; hence a district is liable for negligence in leaving on the school grounds 
a steel tank taken from its building, upon which a child was injured while playing: 
Stovall v. School District No. l t 9, 110 Wash. 97. 

7. In an action against a school district for personal injuries sustained by a child 
when he fell or was pushed off a steel tank negligently left on the school grounds, the 
fact that he may have been pushed off the tank by another boy does not constitute an 
intervening cause which would relieve the district from liability: Id. 

8. A fire escape ladder nine feet from the ground installed on a school building 
pursuant to an ordinance and by direction of the fire department, is not such a negli¬ 
gent maintenance of a nuisance attractive to children as to render the school district 
liable for injuries sustained in a fall, though it could be reached by a twelve-year-old 
boy standing on a fence: Heva v. School District No. 1, 110 Wash. 668. 

9 A school district is not liable for injury suffered by a twelve-year-old boy 
through the dangerous condition of an elevator used by him while employed by the 
manager of a lunch room in a high school building during the holding of a teachers’ 
institute in charge of the county superintendent, since the superintendent was mere 
licensee under sec. 582, granting permission to use the schoolroom for certain public 
gatherings , and the boy being an employee of the licensee, was entitled to no greater 
rights in respect to the condition of the elevator: Smith v. Seattle School District 
No. 1, 112 Wash. 64. 

10. In a suit against a county for injuries suffered by a twelve-vear-old boy, 
caused by the dangerous condition of an elevator, used by him during a teachers’ 
institute in charge of the county superintendent, the county is not liable for negligence 
of the county superintendent as the relation of principal and agent does not exist 
since the county superintendent is a public officer whose duties are prescribed bv 
statute and he is not an agent of the county in holding the institute: Id. 

11. The negligence of a school district in leaving an open pit on the school 

giounds unguarded is a question for the jury, where it was left open and unguarded 
for seven months surrounded by loose boards calculated to tempt children in play • 
Hutchins v. School District No. 81, 114 Wash. 548. y ' 

jJ-2. Conti ibutory negligence, as a matter of law, is not shown by evidence that a 
boy ten years old was attempting to hop across a plank over an open pit on the school 
grouncs, when he lost his balance, it appearing that he was answering a challenge and 
did as other boys had been doing: Id. 6 

_ -+v, 13 ; A ffi sc . ho ? 1 teache r who has been discharged by a board of school directors 
! SSrcfc, m S Walh. 62?! S aCtl ° n for damages for breach of contract: 

. , 14 > A school district which employs a man to level the school grounds, the work 

40 he at intervals, and for only a few days in the year would be “engaged in the 
gr mg business and become an employer within the meaning of the workmen’s com¬ 
pensation act. (Atty. Gen., Aug. 26, 1939.) s com 




State of Washington 


263 


15. A school district which at intervals employs a carpenter to erect book shelves, 
and place doors and set up new desks and to make other minor repairs in and about 
the school premises thereby becomes an employer in the extra-hazardous class and 
becomes liable lor contribution to the medical aid fund in the state under the work¬ 
men’s compensation act. (Atty. Gen., Aug. 26, 1919.) 

597. Verification of pleadings by public corporation 

In such actions, the pleadings of the public corporation shall be verified by 
any of the officers representing it in its corporate capacity, in the same manner 
as if such officer was a defendant in the action, or by the agent or attorney there¬ 
of, as in ordinary actions. (L. ’69, p. 154, sec. 603; R. C. S., sec. 952; P. C., sec. 
8395.) 

Cross-references: Officers representing a school district in its corporate capacity, 
sec. 464 ; prosecuting attorney to serve as attorney for school districts, secs. 589 and 

590. 

598. Satisfaction of judgments 

If judgment be given for the recovery of money or damages against such 
county or other public corporation no execution [shall issue] thereon for the 
collection of such money or damages, but such judgment in such respect shall 
be satisfied as follows:— 

1. The party in whose favor such judgment is given may, at any time 
thereafter, when execution might issue on a like judgment against a private 
person, present a certified transcript of the docket thereof to the officer of such 
county or other public corporation who is authorized to draw orders on the 
treasury thereof; 

2. On the presentation of such transcript, 'Such officer shall draw an order 
on such treasurer for the amount of the judgment, in favor of the party for 
whom the same was given. Thereafter such order shall be presented for pay¬ 
ment and paid with like effect and in like manner as other orders upon the 
treasurer of such county or other public corporation; 

3. The certified transcript herein provided for shall not be furnished by 
the clerk, unless at the time an execution might issue on such judgment if the 
same were against a private person, nor until satisfaction of the same judgment 
in respect to such money or damages be acknowledged as in ordinary cases. 
The clerk shall include in the transcript the memorandum of such acknowledg¬ 
ment of satisfaction and the entry thereof, unless the transcript contain such 
memorandum, [no] order upon the treasurer shall issue thereon. (L. ’69, p. 
154, sec. 604; R. C. S., sec. 953; P. C., sec. 8396.) 

Cross-references: Entry of judgment and costs in condemnation proceedings, sec. 
619 and 620; disbursement of moneys of districts of the first class, sec. 656; of the 
second and third classes, sec. 845. 

599. Attachment of officer refusing to satisfy judgment 

Should the proper officer of said corporation fail or refuse to satisfy said 
judgment, as in the preceding section provided, an attachment may be issued 
to compel his performance of said duty. (L. ’69, p. 155, sec. 605; R. C. S., sec. 
954; P. C., sec. 8397.) 

600. Appeal bonds not required of school districts 

An appeal in a civil action or proceeding shall become ineffectual for any 
purpose unless at or before the time when the notice of appeal is given or 
served, or within five days thereafter, an appeal bond to the adverse party con¬ 
ditioned for the payment of costs and damages as prescribed in section 7 of this 
act, be filed with the clerk of the superior court, or money in the sum of two 
hundred dollars be deposited with the clerk in lieu thereof. But no bond or 
deposit shall be required when the appeal is taken by the state, or by a county, 
city, town or school district thereof, or by a defendant in a criminal action. 
(L. ’93, p. 122, sec. 6; R. C. S., sec. 1721; P. C., sec. 7295.) 

601. Commercial waterways act—eminent domain extended to public lands 
All state, county, school district, or other lands belonging to other public 

corporations shall be subject to the provisions of this chapter, and such cor¬ 
porations, by and through the proper authorities, shall be made parties in all 
proceedings herein affecting said lands, and shall have the same rights as 



264 


Code of Public Instruction 


private persons, and their lands shall be subject to the right of eminent domain 
the same as the lands of private persons or corporations. (L. ’ll, p. 43, sec. 44; 
R. C. S., sec. 9770; P. C., sec. 1410.) 

Cross-reference: “This chapter” refers to an act relating to commercial waterway 
districts, Laws 1911, ch. 11. 

602. Assessment of benefits against state and municipalities—payment 

In case lands belonging to the state, county, school district or other public 
corporation are benefited by any improvement instituted under the provisions 
of this chapter, all benefits shall be assessed against such lands, and the same 
shall be paid by the proper authorities of such public corporation at the times 
and in the manner as assessments are called and paid in case of private persons, 
out of any general fund of such corporation. (L. ’ll, p. 43, sec. 45; R. C. S., 
sec. 9771; P. C., sec. 1411.) 

603. Dikes and drains—school districts subject to act 

When the improvement protects or benefits the whole or any part of any 
public or corporate road or railroad there shall be apportioned to the county, 
if the road is a state, county or free turnpike road, or to the corporation if a 
corporate road or railroad, a share of the cost and expenses thereof propor¬ 
tionate to the benefits to said road or railroad. All lands of the state or any 
county school district or other municipal corporation shall be subject to the 
provisions of this act. (L. ’05, p. 288, sec. 9; R. C. S., sec. 4509; P. C., sec. 
1946-71.) 

Cross-reference: “This act” refers to Laws 1905, ch. 151, relative to expenses 
incurred in construction of dikes and drains. 

604. Improved road system—district lands subject to assessment 

All state, county, school, school district or other lands shall be subject to 
the provisions of this act, and the proper authorities having charge of said 
lands may institute proceedings to enjoin assessment of benefits hereunder or 
for damages herefrom as in the case of private persons: Provided, That such 
public authorities shall not be required to give any bond in such proceedings. 
(L. ’93, p. 321, sec. 49; R. C. S., sec. 6639; P. C., sec. 6118.) 

Cross-reference: “This act” refers to Laws 1893, p. 301 et seq., an act providing 
for systems of improved roads in counties. 


ARTICLE XXI—DISTRICT PROPERTY—SCHOOL SITES 

605. Directors shall have custody of property. 

606. May purchase school lands for site. 

607. Preference right to purchase. 

608. Boards may condemn land. 

609. School districts may take and acquire title. 

610. Petition to superior court. 

611. Notice of petition. 

612. Adjournment of proceedings. 

613. Findings of court. 

614. Jury—number of persons. 

615. Superior court judge to preside. 

616. Court to instruct jury. 

617. The verdict. 

618. Compensation, when jury is waived. 

619. Entry of judgment, etc. 

620. Costs. 

621. Appeal. 

622. Possession of premises. 

623. Plaintiff and defendants. 


605. Directors shall have custody of property 

The board of directors of each school district shall have custody of all 
school property belonging to the district, and shall have power, in the name of 
the district, to convey by deed all the interest of their district in or to any 







State of Washington 


265 


school house or lot directed to be sold by vote of the district and all convey¬ 
ances of real estate made to the district shall vest title in the district; said 

board, in the name of the district, shall have power to transact all business 

necessary for maintaining school and protecting the rights of the district. (L. 
’09, p. 287, sec. 7; R. C. S., sec. 4782; P. C., sec. 4984.) 

Cross-references: Penalty for injury to school property by pupils, sec. 352 ; cor¬ 
porate powers of school districts and power of school directors over property, sec. 464 ; 
sale of district property may be authorized by special meeting, sec. 528 ; power of 
directors to purchase personal property and to receive, lease and hold for their district 
any property, sec. 582, subd. 5 ; limits of expenditures for property or improvements 
for community purposes, sec. 640 ; deeds and sale of property in districts of the first 

class, sec. 663 ; vote required to authorize purchase or sale of real estate in districts 

of the second class, sec. 729; in districts of the third class, sec. 746. 

1. The directors of a school district of the third class may sell real estate under 
contract of purchase and sale and are not limited to cash sale w T hen specifically 
authorized by the voters to make sale by contract: School Dist. No. 176 v. Sanford, 
121 Wash. 42. 

2. The voters of a school district of the third class having authorized the making 
of sale of real estate by contract, the act of the board of directors in conformity 
with that direction of the voters is lawful: Id. 

3. The statutes relating to sale of real estate of a school district of the third 
class do not prescribe the manner in which the sale shall be effected and do not 
require that such sale shall be made at public auction or upon sealed bids or that 
it shall be advertised. The directors having secured the proper consent of the voters 
to sell real property may make such sale in whatever manner they deem to be to 
the best interest of the district. Such sale must be made for cash and not for terms. 
(Atty. Gen., April 2, 1923.) 

4. Where a community hall is built so as to form a part of a school house, or 
Is built on the school grounds, it is under the supervision and control of the board 
of school directors, and they shall decide to what uses such hall may be put, even 
though such hall be built wholly or in part by popular subscription or donation. 
(Supt. Pub. Instr., Mar. 2, 1916.) 

606. May purchase school lands for site 

Any school district may purchase, under the provisions of law govern¬ 
ing the sale thereof, a school house site or sites of not less than three acres 
nor more than ten acres each, of any school lands of the state of Washington. 
(L. ’09, p. 265, sec. 4; R. C. S., sec. 4704; P. C., sec. 4908.) 

Cross-references: Vote required for purchase or change of site in districts of the 
second class, sec. 729; in districts of the third class, sec. 746. 


607. Preference right to purchase 

In all cases when a school house is or may be erected upon any school lands 
of this state the school district to which such school house belongs shall have 
the preference right for six months after the filing of the final appraisal of such 
school lands not already appraised, to purchase school house sites to include 
the lands occupied by such school houses, at the appraised value thereof. (L. 
’97, p. 359, sec. 8; R. C. S., sec. 4705.) 

Note: Const., art. 16, sec. 2, provides that “none of the lands granted to the 
state for educational purposes shall be sold otherwise than at public auction to the 
highest bidder.” Therefore the commissioner of public lands does not recognize the 
preference right granted by sec. 607. 


608. Boards may condemn land 


The board of directors of any school district of this state may proceed to 
condemn and appropriate sufficient land for a school house site not to exceed 
five acres in extent; such condemnation proceedings shall be in accordance with 
the laws of this state providing for appropriating private property for public use. 
(L. ’09, p. 289, sec. 13; R. C. S., sec. 4788; P. C., sec. 4990.) 


Cross-reference: Vote required for purchase of site, secs. 729, 746. 

1. School districts can exercise the power of eminent domain to acquire land for 
the use of school children as an athletic field and general play field ; and certainly, if 
it be within the power of the school district to acquire land for these purposes by 
condemnation proceedings, it is within its powers to purchase laud on "which to erec 
a gymnasium and construct a play field: Sorenson v. Perkins c£- Co., 7_. Wash. I”- 
"“ 2 Where necessity for a highway greatly exceeds the necessity for a school 
house site at the same place, the same may be taken on condemnation by the city— 
at least where the land to be taken from a schoolhouse site is not indispensable to 
the use of the remainder of the site for school purposes, or where a street would not 
materially interfere with the use of the remainder of the site, the same can be taken 
by the city. (Atty. Gen. Ops., 1907-8, p. 371.) 




266 


Code of Public Instruction 


609. School districts may take and acquire title 

Whenever any school district shall select any real estate as a site for a 
school house, or as additional grounds to an existing school house site, within 
the district, and the board of school directors of such district and the owner 
or owners of the site or any part thereof, or addition thereto selected, shall 
be unable to agree upon the compensation to be paid by such school district to 
the owner or owners thereof, such school district shall have the right to take 
and acquire title to such real estate for use as a school house site or additional 
site, upon first paying to the owner or owners thereof therefor the value thereof, 
to be ascertained in the manner hereinafter provided. (L. ’09, p. 372, sec. 1; 
R. C. S., sec. 906; P. C., sec. 5258.) 

610. Petition to superior court 

The board of directors of the school district shall present to the superior 
court of the state of Washington in and for the county wherein is situated 
the real estate desired to be acquired for school house site purposes, a petition, 
reciting that the board of directors of such school district have selected certain 
real estate, describing-it, as a school house site, or as additional grounds to 
an existing site, for such school district; that the site so selected, or some part 
thereof, describing it, belongs to a person or persons, naming him or them; 
that such school district has offered to give the owner or owners thereof therefor 

.dollars, and that the owner of such real estate has refused to accept the 

same therefor; that the board of school directors of such school district and 
the said owner or owners of such real estate are unable to agree upon the com¬ 
pensation to be paid by such school district to the owner or owners of such 
real estate therefor, and praying that a jury be empaneled to ascertain and 
determine the compensation to be made in money by such school district to 
such owner or owners for the taking of such real estate for the use as a school 
house site for such school district; or in case a jury be waived in the manner 
provided by law in other civil actions in courts of record, then that the com¬ 
pensation to be made as aforesaid, be ascertained and determined by the court, 
or judge thereof. (L. ’09, p. 372, sec. 2; R. C. S., sec. 907; P. C., sec. 5259.) 

611. Notice of petition 

A notice, stating the time and place when and where such petition shall 
be presented to the court, or the judge thereof, together with a copy of such 
petition, shall be served on each and every person named therein as owner, 
or otherwise interested therein, at least ten days previous to the time desig¬ 
nated in such notice for the presentation of such petition. Such notice shall 
be signed by the prosecuting attorney of the county wherein the real estate 
sought to be taken is situated, and may be served in the same manner as 
summons in a civil action in such superior court is authorized by law to be 
served. (L. ’09, p. 373, sec. 3; R. C. S., sec. 908; P. C., sec. 5260.) 

Cross-reference: Prosecuting attorney to serve as attorney for school districts, 
secs. 589 and 590. 

612. Adjournment of proceedings 

The court may, upon application of the petitioner or of any owner of said 
real estate, or any person interested therein, for reasonable cause, adjourn the 
proceedings from time to time, and may order new or further notice to be 
given to any Darty whose interests may be affected by such proceedings. (L 
’09, p. 373, sec. 4; R. C. S., sec. 909; P. C., sec. 5261.) 

S 

613. Findings of court 

At the time and place appointed for the hearing of such petition, or to 
which the same may have been adjourned, if the court shall find that all parties 
interested in such real estate sought to be taken have been duly served with 
notice and a copy of the petition as above prescribed, and shall further find 
that such real estate sought to be taken is required and necessary for the pur¬ 
poses of a school house site, or as an addition to a school house site, for such 
school district, the court shall make an order reciting such findings, and shall 
thereupon set the hearing of such petition down for trial by a jury, as other 




State of Washington 


267 


civil actions are tried, unless a jury is waived in the manner provided by law 
in other civil actions. (L. ’09, p. 373, sec. 5; R. C. S., sec. 910; P. C., sec. 5262.) 

614. Jury—number of persons 

The jury impaneled to hear the evidence and determine the compensation 
to be paid to the owner or owners of such real estate desired for such school 
house site purpose shall consist of twelve persons unless a less number be agreed 
upon, and shall be selected, impaneled and sworn in the same manner that 
juries in other civil actions are selected, impaneled and sworn: Provided, A 
juror may be challenged for cause on the ground that he is a taxpayer of the 
district seeking the condemnation of any real estate. (L. '09, p. 373, sec. 6; 
R. C. S., sec. 911; P. C., sec. 5263.) 

615. Superior court judge to preside 

A judge of the superior court shall preside at the trial and witnesses may 
be examined in behalf of either party to the proceedings, as in other civil 
actions, and upon the request of all the parties interested in such proceedings 
the court shall cause the jury impaneled to hear the same, to view the premises 
sought to be taken, and upon the request of any less number of the persons 
interested in the proceedings, the court may cause the jury to view the premises, 
pending the hearing of the case. (L. ’09, p. 374, sec. 7; R. C. S., sec. 912; P. C., 
sec. 5264.) 

616. Court to instruct jury 

Upon the close of the evidence, and the argument of counsel, the court 
shall instruct the jury as to the matters submitted to them, and the law per¬ 
taining thereto, whereupon the jury shall retire and deliberate and determine 
upon the amount of compensation in money that shall be paid to the owner 
or owners of the real estate sought to be taken for such school house site 
purposes therefor, which shall be the amount found by the jury to be the fair 
and full value of such premises; and when the jury shall have determined upon 
their verdict, they shall return the same to the court as in other civil actions. 
(L. ’09, p. 374, sec. 8; R. C. S., sec. 913; P. C., sec. 5265.) 

1. The provision of this section that the compensation to be paid the owner 
shall be the fair and full value of the premises does not limit the recovery to the 
naked value of the land, in violation of the constitutional requirement for payment or 
the value of the land taken and for any depreciation of the land not taken ; since the 
statute is directory and contains no words of limitation confining the jury to the value 
of the land taken alone: State ex rel. School District No. 56 v. Superior Court , 69 
Wash. 189. 

617. The verdict 

When ten of the jurors agree upon a verdict, the verdict so agreed upon 
shall be signed by the foreman, and the verdict so agreed upon shall be and 
stand as the verdict of the jury. (L. ’09, p. 374, sec. 9; R. C. S., sec. 914; P. C., 
sec. 5266.) 

618. Compensation, when jury is waived 

In case a jury is waived, the compensation that shall be paid for the prem¬ 
ises taken shall be determined by the court and the proceedings shall be the 
same as in the trial of issues of fact by the court in other civil actions. (L. ’09, 
p. 374, sec. 10; R. C. S., sec. 915; P. C., sec. 5267.) 

619. Entry of judgment, etc. 

Upon the verdict of the jury, or upon the determination by the court of 
the compensation £o be paid for the property sought to be taken as herein 
provided, judgment shall be entered against such school district in favor of 
the owner or owners of the real estate sought to be taken, for the amount 
found as compensation therefor, and upon the payment of such amount by 
such school district to the clerk of such court for the use of the owner or 
owners of, and the persons interested in the premises sought to be taken, the 
court shall enter a decree of appropriation of the real estate sought to be 
taken, thereby vesting the title to the same in such school district, and a 
certified copy of such decree of appropriation may be filed in the office of the 




268 


Code of Public Instruction 


county auditor of the county wherein the real estate taken is situated, and 
shall be recorded by such auditor like a deed of real estate, and with like 
effect. The money so paid to the clerk of the court shall be by him paid to 
the person or persons entitled thereto, upon the order of the court. (L. ’09, p. 
374, sec. 11; R. C. S., sec. 916; P. C., sec. 5268.) 

620. Costs 

All the costs of such proceedings in the superior court shall be paid by 
the school district initiating such proceedings. (L. ’09, p. 375, sec. 12; R. C. S., 
sec. 917; P. C., sec. 5269.) 

1. The prosecuting attorney must conduct condemnation suits for school districts 
without compensation. (Atty. Gen., July 19, 1915.) 

621. Appeal 

Either party may appeal from the judgment for compensation awarded 
for the property taken, entered in the superior court, to the supreme court of 
the state within sixty days after the entry of the judgment, and such appeal 
shall bring before the supreme court the justness of the compensation awarded 
for the property taken, and any error occurring on the hearing of such matter, 
prejudicial to the party appealing: Provided, however, That if the owner or 
owners of the land taken accepts the sum awarded by the jury or court, he or 
they shall be deemed thereby to have waived their right of appeal to the supreme 
court. (L. ’09, p. 375, sec. 13; R. C. S., sec. 918; P. C., sec. 5270.) 

Cross-reference: Appeal bonds not required of school districts, sec. 600. 

622. Possession of premises 

An appeal from such judgment by the owner or owners of the land sought 
to be taken, shall not have the effect to preclude the school district from taking 
possession of the premises sought, pending the appeal: Provided, The amount 
of the judgment against the school district shall have been paid in to the clerk 
of the court, as hereinbefore provided. (L. ’09, p. 375, sec. 14; R. C. S., sec. 
919; P. C., sec. 5271.) 

623. Plaintiff and defendants 

In all proceedings under this act the school district seeking to acquire title 
to real estate for a school house site, shall be denominated plaintiff, and all 
other persons interested therein shall be denominated defendants; and in all 
such proceedings the clerk of the superior court wherein any such proceeding 
is brought shall charge nothing for his services, except in taking an appeal 
from the judgment entered in the superior court. (L. ’09, p. 375, sec. 15; R. C. 
S., sec. 920; P. C., sec. 5272.) 

ARTICLE XXII—CONTRACTORS’ BONDS 

624. Contractor’s bond—filing. 

625. Notice to contractor—condition precedent to action. 

626. Liability for failure to take bond. 

627. Conditions of bond—action on. 

Cross-reference: District contracts, sec. 591 et seq. 

624. Contractor’s bond—filing 

Whenever any board, council, commission, trustees or body acting for the 
state or any county or municipality or any public body shall contract with any 
person or corporation to do any work for the state, county or municipality, or 
other public body, city, town or district, such board, council, commission, 
trustees or body shall require the person or persons with whom such contract 
is made to make, execute and deliver to such board, council, commission, trustees 
or body a good and sufficient bond, with two or more sureties, or with a surety 
company as surety, conditioned that such person or persons shall faithfully 
perform all the provisions of such contract and pay all laborers, mechanics and 
subcontractors and materialmen, and all persons who shall supply such person 
or persons, or subcontractors, with provisions and supplies for the carrying on 








State of Washing ton 


269 


of such work, which bond shall be filed with the county auditor of the county 
where such work is performed or improvement made, except in cases of cities 
and towns, in which cases such' bond shall be filed with the clerk or comptroller 
thereof, and any person or persons performing such services or furnishing 
material to any subcontractor shall have the same right under the provisions of 
such bond as if such work, services or material was furnished to the original 
contractor: Provided, however, That the provisions of this act shall not apply 
to any money loaned or advanced to any such contractor, subcontractor or other 
person in the performance of any such work. (L. T5, p. 61, sec. 1; R. C. S., 
sec. 1159; P. C., sec. 9724.) 

Cross-references: Regents of the state university to require contractor’s bonds, 
sec. 61 ; regents of the state college to require contractor’s bonds, sec. 109. 

1. School districts are municipal corporations within the meaning of this act: 
Maxon v. School District No. 3%, 5 Wash. 142. 

2. Laws 1887-8, p. 15, superseded by this act, provides a remedy for those 
furnishing material or labor by virtue of a subcontract, as well as for those who 
furnish the same in any other capacity: Ihrig v. Scott, 5 Wash. 584. 

3. This section does not violate art. 9, sec. 2, of the constitution, providing that 
the entire revenue derived from the common school fund and the state tax for com¬ 
mon schools shall be exclusively applied to the support of the common schools, since 
school districts have other sources of revenue than moneys derived from the permanent 
school fund: Pacific Mfg. Co. v. School District, 6 Wash. 121. 

4. In an action against a school district for failure to take a sufficient bond from 
a contractor for the protection of materialmen, the fact that the sureties thereon did 
not justify is a mere irregularity and presumed not injurious in the absence of allega¬ 
tions and proof that they could not justify as required by law: Wadsworth v. School 
District, 7 Wash. 485. 

5. It is not necessary to file such bond with the auditor prior to furnishing 
material to the contractor in order to relieve the district from liability: Id. 

6. A statutory bond taken by a school district for the purpose of securing pay¬ 
ment by the contractor to all laborers, mechanics and materialmen furnishing services 
or goods to him in the erection of a school building, is insufficient when it is con¬ 
ditioned that the sureties shall be liable only in case the contractor fails to “perform 
said work and comply with said contract, plans and specifications to which reference 
is hereby made and the same made a part of the bond” : Puget Sound Brick <& C. Co. 
v. School District, 12 Wash. 118. 

7. A judgment obtained against the principal upon a statutory bond given under 
the provisions of this section for the protection of those furnishing labor and materials 
to a contractor upon public improvements is prirna facie sufficient to warrant a recovery 
against the sureties, without requiring proof of the contract between the principal and 
the party so furnishing labor or materials: Ihrig v. Scott, 13 Wash. 559. 

8. The sureties upon a bond given by a contractor for the erection of a school 
building, under the statute requiring such bond for the protection of those furnishing 
labor and materials to a contractor employed in making public improvements, are 
estopped to deny the authority of the school district to make the contract, when the 
bond executed by such sureties recites as a fact that the principal in the bond had 
duly entered into a contract with the school district for the erection of said school 
building: Price v. Scott, 13 Wash. 574. 

9. When a surety company guarantees the faithful performance of a school 
building contract, pursuant to this section, and the contractor pays the money received 
from the school district to a party who furnished material for the building, and to 
whom the contractor was indebted also upon an older unsecured account the surety 
is not bound by an application of the school money to the old account but is entitled! 
to have the same applied on the school contract in discharge of its liability: Crane ; 
Co. v. Pacific Heat <f- Power Co., 36 Wash. 95. 

10. Failure of a district to file with the county auditor the bond required by thfy 
section does not relieve the contractor from filing notice of claim with the directors 
in order to hold the sureties if it is not shown that he had no knowledge of the 
existence of the bond: Crane Co. v. Aetna Indemnity Co., 43 Wash. 516. 

11. The surety upon a contractor’s bond to secure laborers and materialmen is 
not discharged by the fact that a payment by the contractor to a materialman without 
instructions as to its application, derived from the contract, was applied by the 
materialman to an older debt not secured by the bond, where the materialman had no 
knowledge as to the source of the money at the time of making the application ; since 
want of knowledge by the creditor is controlling of his right to make the application i 
Sturtevant Co. v. Fidelity <6 Deposit Co., 92 Wash. 52. 

12. A bond guaranteeing the performance of a contract for the construction of a 
schoolhouse which was not a statutory bond in that it contained no provision for the 
payment of laborers and materialmen, cannot be sustained as a statutory bond by 
reason of R. C. S., sec. 777, Pierce’s Code, sec. 7431, providing that no bond required by 
law shall be void for want of form or substance ; since it was not required by law 
and is not lacking in form or substance, and the surety on such bond is not liable for 
the claims of mechanics and materialmen where there was no law making them valid 
liens and the bond provided that the obligee could include in his damages mechanics’ - 
lien claims only when they were valid liens against the property: School District 
No. 75 v. Qualls, 95 Wash. 247. 

13. The surety upon a subcontractor’s bond, entitled to notice and opportunity to- 
complete the work," is not released from liabilities as they existed at the time of the 
default by reason of the principal contractor’s assuming control and completing the 







270 


Code of Public Instruction 


work after giving notice of the default, where no burden or liability was imposed upon 
the surety on account of such completion of the work: Finne v. Maryland Casualty Co., 
102 Wash. 651. 

14. Under a subcontractor’s bond providing for retention of a percentage of the 
value of all work performed until complete performance, the surety is not released 
by payments during the progress of the work in excess of the amount due, where they 
were necessary to protect the property from lien claims and did not prejudice the 
surety, and more than the amount of the reserved fund had been used to pay creditors 
and diminish the liability of the surety: Id. 

15. A surety upon a subcontractor’s bond for the faithful performance of a state 
contract and full protection to the state against mechanics’ liens and other claims, 
under sec. 61, is liable for claims duly filed with the state board for materials furnished 
prior to default the fairness of which was not questioned, although they had not yet 
been paid: Id. 

16. A bond given by a contractor in compliance with sec. 624, to secure all 
persons furnishing provisions and supplies for carrying on the work of constructing a 
heating plant in a schoolhouse, covers sums due for sheet metal furnished in good 
faith to a subcontractor to be used in the building, the materialman having given notice 
to the contractor that he would be held with his surety for the purchase price : Western 
Hdw. & M. Co. v. Maryland Casualty Co., 105 Wash. 54. 

17. Liability attaches in such case, although the sheet metal was not delivered 
at or near the school building, where the delivery was made at the shop of the sub¬ 
contractor, it being necessary to there prepare it for use on the job, and the work of 
preparing it being actually done there: Id. 

18. Directors of a school district of the third class must require a surety bond for 
the faithful performance of a contract for the construction of a school building. (Atty. 
Gen., Sept. 10, 1914.) 

625. Notice to contractor—condition precedent to action 

Every person, firm or corporation furnishing materials, supplies or pro¬ 
visions to be used in the construction, performance, carrying on, prosecution or 
doing of any work for the state, or any county, city, town, district, municipality 
or other public body, shall, not later than ten days after the date of the first 
delivery of such materials, supplies or provisions to any subcontractor or agent 
of any person, firm or corporation having a subcontract for the construction, 
performance, carrying on, prosecution or doing of such work, deliver or mail 
to the contractor a notice in writing stating in substance and effect that such 
person, firm or corporation has commenced to deliver materials, supplies or 
provisions for use thereon, with the name of the subcontractor or agent order¬ 
ing or to whom the same is furnished and that such contractor and his bond will 
be held for the payment of the same, and no suit or action shall be maintained 
in any court against the contractor or his bond to recover for such material, 
supplies or provisions or any part thereof unless the provisions of this act 
have been complied with. (L, ’15, p. 525, sec. 1; R. C. S., sec. 1159-1; P. C., sec. 
9725.) 

626. Liability for failure to take bond 

If any board of county commissioners of any county, or mayor and com¬ 
mon council of any incorporated city or town, or tribunal transacting the 
business of any municipal corporation shall fail to take such bond as herein 
required, such county, incorporated city or town, or other municipal corpora¬ 
tion, shall be liable to the persons mentioned in section 625, to the full extent 
and for the full amount of all such debts so contracted by such contractor. 
(L. ’09, p. 717, sec. 2; R. C. S„ sec. 1160; P. C., sec. 9726.) 

1. Under the provision of Laws 1887-8, p. 15, superseded by this section, that if 
a municipal corporation shall fail to take a bond from the party with whom it con¬ 
tracts for public work, it shall be liable to laborers and materialmen for the full 
amount of their claims, it is not necessary that the plaintiff, in an action to enforce 
such a claim, should have established in a prior action the contractor’s indebtedness 
to him, or should make the contractor a party to his action against the municipal 
corporation: Maxon v. School District No. Si, 5 Wash. 142. 

2. Under this section, providing that no action shall be commenced by material- 
men against the surety on the bond of a contractor on a school building “unless within 
thirty days from and after the completion of the contract and an acceptance of the 
work” notice be filed, the claimant need not wait until the work is completed and 
accepted before filing notice of claim, where the contract was abandoned; nor need 
the notice be filed within thirty days after abandonment by the contractor where it 
was not completed or accepted, as the statute only fixes the time after which notice 
cannot be given: Cascade Lumber Co. v. Aetna Idemnity Co., 56 Wash. 503. 

627. Conditions of bond—action on 

The bond mentioned in section 625 shall be in an amount equal to the full 
contract price agreed to be paid for such work or improvement, and shall be 




271 


State of Washington 


to the state of Washington, except in cases of cities and towns, in which cases 
suc i municipalities may by general ordinance fix and determine the amount of 
such bond and to whom such bond shall run: Provided, The same shall not be 
tor a less amount than twenty-five per cent (25%) of the contract price of any 
such improvement, and may designate that the same shall be payable to such city 
and not to the state of Washington, and all such persons mentioned in said 
section b2o shall have a right of action in his, her, or their own name or names 
on such bond tor work done by such laborers or mechanics, and for materials 
furnished or provisions and goods supplied and furnished in the prosecution of 
such work or the making of such improvements: Provided, That such persons 
shall not have any right of action on such bond for any sum whatever, unless 
within thirty (50) dajs from and after the completion of the contract with an 
acceptance of the work by the affirmative action of the board, council, commis¬ 
sion, trustees, officer, or body acting for the state, county or municipality or 
other public body, city, town or district, the laborer, mechanic or subcontractor 
or materialman, or person claiming to have supplied materials, provisions or 
goods for the prosecution of such work, or the making of such improvement, 
shall present to and file with such board, council, commission, trustees or body 
acting for the state, county or municipality, or other public body, city, town or 
district, a notice in writing in substance as follows: 


To (here insert the name of the state, county or municipality or other 
public body, city, town or district): 

Notice is hereby given that the undersigned (here insert the name of the 
laborer, mechanic or subcontractor, or materialman, or person claiming to have 
furnished labor, materials or provisions for or upon such contract or work) 

has a claim in the sum of.dollars (here insert the amount) against the 

bond taken from. (here insert the name of the principal 

and surety or sureties upon such bond) for the work of.(here 

insert a brief mention or description of the work concerning which said bond 
was taken). 


(Here to be signed). 

Such notice shall be signed by the person or corporation making the claim 
or giving the notice, and said notice, after being presented and filed, shall be 
a public record open to inspection by any person, and in any suit or action 
brought against such surety or sureties by any such person or corporation to 
recover for any of the items hereinbefore specified, the claimant shall be entitled 
to recover in addition to all other costs, attorney’s fees in such sum as the court 
shall adjudge reasonable: Provided, however, That no attorney’s fees shall be 
allowed in any suit or action brought or instituted before the expiration of 
thirty days following the date of filing of the notice hereinbefore mentioned: 
Provided further, That any city may avail itself of the provisions of this act, 
notwithstanding any charter provisions in conflict herewith: And provided 
further, That any city or town may impose any other or further conditions and 
obligations in such bond as may be deemed necessary for its proper protection 
in the fulfillment of the terms of the contract secured thereby, and not in con¬ 
flict herewith. (L. ’15, p. 62, sec. 2; R. C. S., sec. 1161; P. C., sec. 9727.) 

1. Where a contractor’s bond by mistake names the board of school directors 
instead of the state of Washington as obligee, such defect is not fatal, if from the- 
terms of the bond it appears that its object was to secure laborers and materialmen 
as provided for by sec. 624 : Ihrig v. Scott, 5 Wash. 584 ; and such a bond is not 
inoperative by reason of its being made payable to the school district instead of the 
state: Wadsworth v. School District, 7 Wash. 485. 

2. In an action against a school district for not taking a sufficient bond from a 
contractor for the protection of persons furnishing material to be used in the erection 
of a schoolhouse, the fact that the sureties on the bond did not justify as to their 
financial responsibility is a mere irregularity, which will be presumed not injurious 
to the rights of plaintiff, in the absence of allegation and proof that they were not 
able to justify as required by statute : Id. 

3. An action on a contractor’s statutory bond for protection of materialmen Is 
not barred by judgment against the contractor personally prior to the institution of 
suit upon his bond: Fischer v. Quigley, 8 Wash. 327. 

4. Materialmen cannot maintain an action upon the bonds required by sec. 624, 
unless the required notice be filed with the directors, since such notice is for the 
benefit of the surety: Crane Co. v. Aetna Indemnity Co., 43 Wash. 516. 

5. An action upon a statutory bond given to a school district to guarantee a. 
building contract is barred by the statute of limitations, where the same was not 
commenced within three years from the time that the debt was contracted and the 












272 


Code of Public Instruction 


statute had run against such debt: Johnson Service Co. v. Aetna Indemnity Co., 46 
Wash. 434. 

6. A notice by a materialman to a surety on the bond of a contractor on a school 
building stating a claim against the building for material furnished to the principal 
contractor, complies in substance with this section, which requires the notice to state 
claims against the bond: Cascade Lumber Co. v. Aetna Indemnity Co., 56 Wash. 503. 

7. The filing of a notice of claim against the contractor’s bond by a subcontractor 
after completion of his work on a school building, but before formal acceptance by 
the school board of work under the general contract, is a compliance with sec. 628, 
which fixes thirty days after acceptance as the limit beyond which an effective notice 
of claim cannot be filed against the contractor’s bond ; since the statute was intended 
to fix a limit beyond which the notice of claim cannot be filed, and not a limit before 
which its filing would be ineffectual: Washington etc. Stone Co. v. Murphy, 81 
Wash. 266. 

8. An action upon a contractor’s bond for his negligence cannot be maintained 
where plaintiff failed to comply with the condition precedent to action, stipulated in the 
bond, which required the certificate of the architect as to such negligence, in the 
absence of arbitrary refusal preventing obtaining of the certificate: School District 
No. 75 v. Qualls, 95 Wash. 247. 


ARTICLE XXIII—FLAG DISPLAY 

628. Flag—display and salute. 

629. Penalty. 

628. Every school to have flag 

Every board of directors of the several school districts of this state shall 
procure a United States flag, which shall be replaced with a new one whenever 
the same becomes tattered, torn or faded, and shall cause said flag to be dis¬ 
played upon or near each public school building during school hours, except in 
unsuitable weather, and at such other times as to said board may seem proper, 
and shall cause appropriate flag exercises to be held in every school at least once 
in each week at which exercises the pupils shall recite the following salute to 
the flag: “I pledge allegiance to my flag and to the republic for which it stands. 
One nation indivisible with liberty and justice for all.” (L. ’19, p. 210, sec. 4; 
R. C. S., sec. 4777; P. C., sec. 4980.) 

Cross-reference: Patriotism required to be taught, sec. 315. 

1. The custom that no other flag or emblem be displayed above or over our 
national emblem should be followed by schools. (Supt. Pub. Instr., July 19, 1915.) 

2. Refusal to salute the flag constitutes proper cause for expulsion of a pupil. 
(Supt. Pub. Instr., Jan. 31, 1920.) 

3. There is no exemption from the flag salute on religious grounds and the pro¬ 
visions of this section are mandatory as to all pupils of the public‘schools. Nowhere 
in the code is there any provision for proceedings against parents in case they advise 
their children to commit acts contrary to the provision of this section but enforce¬ 
ment may be had against the board of directors by fines, against the teacher by fine 
or dismissal and against the pupils by corporal punishment, suspension or expulsion. 
If the directors and the teachers have not been lax in perfoinnance of their duties 
under this section one of the means of punishment enforcible against pupils who 
refuse to salute the flag should be used. (Supt. Pub. Instr., Jan. 31, 1920.) 

62A. Penalty 

Any member of any board of directors of any school in the state, or any 
person employed by any board of directors of any school district, wilfully re¬ 
fusing or neglecting to comply with section 628, shall be guilty of a misdemeanor 
and upon conviction shall be fined in a sum not to exceed $10: Providing , That 
any person so convicted may be discharged from further service by the said 
school board. (L. ’19, p. 211, sec. 5; R. C. S., sec. 4778; P. C., sec. 4980a.) 

Cross-references: Penalty for failure of teacher to teach patriotism, sec. 287 ; 
power of dii’ectors to discharge teachers for sufficient cause, sec. 582, subd. 1. 

1. The flag must be displayed from some suitable place on the exterior of the 
building or on the school grounds. It is not sufficient compliance with this section to 
place the flag on the schoolroom walls. (Atty. Gen., Jan. 31, 1916.) 




State of Washington 


273 


ARTICLE XXIV—TUITION, ATTENDANCE ARRANGEMENTS AND 

TRANSPORTATION 


630. Attendance of adults and non-residents—tuition. 

631. Motor vehicle licenses—exemptions. 

632. Motor vehicles—drivers under fifteen years of age. 


630. When districts may charge tuition 


Any board of directors shall have power to make arrangements with adults 
wishing to attend school, or with the directors of another district, for the at¬ 
tendance of such children, in the school of either district as may be best accom¬ 
modated therein: Provided, That in case such arrangements are not made or 
children from school districts not adjoining desire to attend school in their 
district they may charge reasonable tuition for such attendance: Provided fur¬ 
ther, That all such money collected by any school district officer for the use of 
the district shall, within thirty days after the date of its collection, be turned 
over to the county treasurer and placed to the credit of the district: Provided 
■further, That the board of directors of any school district in the state in which 
a high school is maintained, and which lies adjacent to the boundary of a school 
district in another state in which no high school is maintained, may make 
arrangements with the officers of the district of the other state for the attend¬ 
ance of any high school pupils residing in such outside district upon the pay¬ 
ment of tuition therefor: Provided, That the provisions of this section shall not 
apply unless the laws of the other state permit its districts to extend similar 
privileges to pupils resident in the state of Washington. In the event that any 
pupils residing in a Washington school district, which maintains no high school 
and which is adjacent to the school district of another state, shall desire to at¬ 
tend high school in such district in the other state, the board of directors of the 
Washington district shall have power to arrange for, and pay tuition for their 
attendance in the district of the other state and to pay such expense from the 
funds of the district: Provided further, The reimbursement of a high school 
district for cost of educating high school pupils for a non-high school district, as 
provided for in this act, shall not be deemed a tuition charge as affecting the 
apportionment of current state school funds provided for in section 769. (L. ’21, 

p. 150, sec. 1; R. C. S., sec. 4780.) 


Cross-references: Common schools to be open to all children between the ages of 
six and twenty-one years residing' in the district, sec. 243; reimbursement of high 
school districts for the cost of educating high school pupils for non-high school dis¬ 
tricts, secs. 254-257 ; this section not affected by the law relating to classification of 
high school districts, sec. 25 8; right to charge tuition not affected by granting of 
eighth grade certificate, sec. 365 ; credit to be granted for night school attendance 
without maximum age limit, sec. 771 ; claim for attendance of resident pupils attend¬ 
ing school in another district, sec. 766 ; extra one-half credit for high school attendance 
forfeited when certain tuition charges are made, sec. 769. 

1. A boy who leaves his parents’ home and goes to another district for the 
purpose of attending school there, still continues to be a resident of the district 
where his parents live, and the fact that he does chores for his board does not 
affect his residence. Where parents remove to a school district having a graded 
school, and resume their former residence at the end of the school term, they do 
not become residents of the district having the graded school. (Atty. Gen. Ops., 

1894-95, p. 43.) .... . . + . 

2. The directors of a school district have no authority to require payment ot 
tuition for a girl by her uncle with whom she resides in the district and with whose 
family she has lived constantly for over five years. (Atty. Gen. Ops.. 1903-4, p. 164.) 

3. A depopulated school district is without authority to pay for instruction of 

pupils in an adjoining district and at the same time retain its identity as a school 
district. (Atty. Gen. Ops., 1911-12, p. 100.) . . . . 

4. The fact that the federal government has made provision for the education of 
the children of Indians residing upon Indian reservations does not preclude the 
board of directors from admitting such children to the public schools of their district 
under the provisions of sec. 630. (Atty. Gen. Ops., 1913-14, p. 295.) 

5 When an emancipated minor child has taken up and established its place ot 
residence in a school district other than that in which such child’s parents reside it 
is entitled to attend the public schools of the district in which it has established its 
place of residence without the payment of a tuition fee to such district. (Atty. Gen. 

Ops’ e.1 This^'provision must be construed to mean and be limited to normal adults 
for whom no special or extraordinary methods of education must be provided, and 
does not authorize a school district of the first class to establish a school foi the 
adult blind. (Atty. Gen. Ops., 1913-14, p. 358.) 


274 


Code of Public Instruction 


7. Where a high school charges tuition contrary to the provisions of sec. 769 
the district loses its right to the extra apportionment provided for in such section, 
but does not forfeit its right to apportionment pursuant to sec. 765. (Atty. Gen. 
Ops., 1913-14, p. 431.) 

8. Directors of a school district have power to exclude from their school children 
from adjoining districts and may charge individuals reasonable tuition for the 
attendance of children attending their school from an adjoining district. (Atty. Gen. 
Ops., 1917-18, p. 199.) 

9. Children on a military reservation may be admitted to the public schools 
of adjoining school districts upon the payment of a reasonable tuition charge if their 
parents have no domicile in the state except upon the military reservation, but 
children of parents who are domiciled in the state and temporarily residing within 
the limits of the reservation are entitled to attend the school as a matter of right 
and in case of such children arrangements may be made between the two districts, 
by which the children may attend the school without paying tuition. (Atty. Gen. Ops., 
1921-22, p. 154.) 

10. This section has been modified by sec. 258 to the extent that it is not dis¬ 
cretionary but mandatory upon a high school district to admit all persons of school 
age who are residents of this state, not residing in another high school district, and 
who possess the necessary qualifications, although such high school district does not 
possess the necessary school room capacity and equipment to accommodate non¬ 
resident high school pupils. Refusal upon the part of the high school district to 
admit such persons would serve to deprive it of its bonus as provided for in sec. 769. 
(Atty. Gen. Ops., 1921-22, p. 190.) 

11. A school district cannot pay for instruction of all its pupils in the school 
of an adjoining district and yet retain its corporate identity as a school district. 
(Atty. Gen. Ops., 1921-22, p. 291.) 

12. The tuition herein authorized is to be charged against individuals and not 
against the district. (Atty. Gen. Ops., 1921-22, p. 291.) 

13. A school district which provides free text-books to high school pupils who 
reside therein may lawfully require non-resident pupils who reside in non-high school 
districts to purchase text-books used by them without thereby losing its right to the 
apportionment of current state school funds based upon such attendance as given 
by sec. 769. (Atty. Gen. Ops., 1921-22, p. 389.) 

14. Where the annual report of the county superintendent shows that during 
the school year last past a school district has charged tuition to non-resident high 
school pupils whose resident district maintains a high school the high school district 
is not entitled during the present school year to the extra one-half credit for high 
school attendance as provided for in sec. 769 but if no such tuition is charged during 
the present school year and such fact is shown by the annual report of the county 
superintendent the district will be entitled to the extra one-half credit attendance for 
the next school year. (Atty. Gen., July 5, 1910.) 

15. There is no authority for one school district to pay the tuition of pupils 
from such district attending school in another district. The arrangement provided 
for in this section refers to settlement of claim of apportionment for attendance. 
(Atty. Gen., June 10, 1914.) 

16. Directors of one district are not prohibited from permitting the attendance 
of pupils of another district without charge for tuition nor are they compelled to 
admit children from other districts without charging tuition. (Atty. Gen., June 10, 
1914.) But see note 10 as to high schools. 

17. Where a child residing in a district which does not maintain school attends 
school in an adjoining district the directors of the district in which she attends in 
the absence of arrangements under the provision of sec. 630 may charge reasonable 
tuition for her attendance. (Atty. Gen., June 10, 1914.) 

18. A school district is not authorized to charge tuition to pupils resident within 
the district for attendance at night school, but it would not be deprived of its right 
to receive credit for such attendance as provided for in sec. 771 by charging tuition 
in excess of its authority. (Atty. Gen., Oct. 27, 1916.) 

19. Children residing upon property within a military reservation may be refused' 
admittance to the school of a district adjacent thereto. (Atty. Gen., Sept. 23, 1919.) 

20. When territory within a school district is included in territory ceded to the 
federal government for a military reservation it is no longer a part of the school 
district. (Atty. Gen., Sept. 23, 1919.) 

21. Children residing upon property which is not situated within a military 
reservation but is merely owned by the federal government and is within the limits 
of a school district cannot be refused admittance to the school of such district, as 
the mere fact that the federal government owns title does not remove the property 
from the jurisdiction of the district. (Atty. Gen., Sept. 23, 1919.) 

22. A school district may charge tuition to a student attending high school if 
such student is not a resident of this state, without losing the right to claim attend¬ 
ance for such student. (Supt. Pub. Instr., Aug. 10, 1914.) 

23. Boards of directors do not have power to use school funds for compensating 
a patron of a district or a private school for education of children in a private school 
(Supt. Pub. Instr., Sept. 17, 1920.) 

24. When a district maintains but one high school grade, it is not a “high school 
in a high school district” as contemplated in sec. 258 and therefore is not required to 
admit pupils carrying high school grades. Excepting in cases provided for in. that 
section, one district is not compelled to receive the children from a neighboring district 
unless the directors of the respective districts see fit to make arrangements by which 
the pupils may be admitted. Consequently, a district carrying but one high school 
grade is within its rights in refusing* to allow a pupil from a neighboring district to 
enter for high school work. (Supt. Pub. Instr., Oct. 7, 1921.) 








State of Washington 


275 


25. It is discretionary with the directors to admit grade school pupils whose 
legal residence is in another state, and if it is decided to permit them to attend the 
graded schools of the district the law authorizes the charging of tuition. There is 
nothing to prevent the charging of a reasonable tuition in addition to receiving credit 
for the attendance of these pupils. (Supt. Pub. Instr., Dec. 29, 1922.) 

631. Motor vehicle licenses—exemptions 

Motor vehicles and trailers owned by the state of Washington, or by the 
counties, county game commissions, cities and school districts therein, and used 
exclusively by them, and all motor vehicles owned by the United States govern¬ 
ment, and used exclusively in its service, shall be exempt from the payment of 
the license fees herein provided: Provided, however, Such vehicle shall be reg¬ 
istered as prescribed in this act and shall display upon the machine the number 
plates assigned by the secretary of state, and, except in case of the federal gov¬ 
ernment, shall pay for such number plates a fee of one dollar ($1.00). (L. ’21, 

p. 263, sec. 17; R. C. S., sec. 6329; P. C., sec. 212.) 

Cross-reference: Power of directors to provide and pay for transportation of 
pupils, secs. 259, 582, subd. 11. 

632. Motor vehicles—drivers under fifteen years of age 

It shall be unlawful for any person under the age of fifteen years to operate 
or drive any motor vehicle, unless such person is accompanied by his or her 
parent or guardian: Provided, That on recommendation of the school directors 
of any district and the consent of the parents of any minor a special permit 
may be issued by the director of licenses permitting any child to drive an auto¬ 
mobile for the purpose of attending school, the cost of such permit to be one- 
half of the regular license fee: Provided, That this shall not permit children to 
drive an automobile within cities of the first class. (L. ’21, p. 323, sec. 2; R. C. 
S., sec. 6364; P. C., sec. 234-19.) 

1. A minor under fifteen years of age cannot lawfully operate a motor vehicle 
on the public highways of this state, but a minor over fifteen years of age, provided 
that he is otherwise qualified, may be employed by a school district for the purpose 
of driving and operating a school bus owned by a district. Contracts with minors are 
not enforceable as against the minor and while such contracts are not void, the same 
are voidable at the election of the minor; but such contracts would be binding and 
enforceable as against the school district. (Atty. Gen., Aug. 11, 1922.) 


ARTICLE XXV—KINDERGARTENS 

633. How established in districts of the first and second class. 

634. Shall be part of public school system. 

635. Expense to be’paid from general fund. 

636. Teachers to hold diplomas or certificates. 

633. How established in districts of the first and the second class 

The board of directors of any school districts of the first and second classes 
shall have power to establish and maintain free kindergartens in connection 
with the common schools of said districts for the instruction of children be¬ 
tween the ages of four and six years, residing in said district, and shall estab¬ 
lish such courses of training, study and discipline and such rules and regulations 
governing such kindergartens as said board may deem best. (L. *11, p. 382, 
sec. 1; R. C. S., sec. 5096; P. C., sec. 5254.) 

Cross-references: Common schools open to all children between the ages of six 
and twenty-one years residing in the district, sec. 243 ; establishment of kindergartens 
may be authorized by vote of special meeting of the electors of the district, sec. 528 ; 
directors to exclude children under six years of age from the grades, sec. 582, subd. 6 ; 
districts of the first class defined, sec. 645; districts of the second class defined, 
sec. 720. 

634. Shall be part of public school system 

Kindergartens established under this act shall be a part of the public school 
system and under the control and supervision of the regular officers who have 
charge of the public schools of the state: Provided, That nothing in this act 
shall be construed to change the law relating to the taking of the census of the 






276 


Code of Public Instruction 


school population or the apportionment of state and county funds. (L. ’09, p. 
371, sec. 2; R. C. S., sec. 5097; P. C., sec. 5255.) 

Note : As to the proviso of this section relating to the school census and appor¬ 
tionment of funds, see the provisions of sec. 635. 


635. Expense to be paid from general fund 

The cost of establishing and maintaining such kindergartens shall be paid 
from the general school fund of the district. It shall be the duty of teachers, 
city superintendents, district clerks and county superintendents to respectively 
report as other school attendance is reported, the attendance of all children five 
years of age or over at such kindergartens, and it shall thereupon be the duty 
of the superintendent of public instruction to make apportionment to the proper 
counties of the current state school fund and of the respective county superin¬ 
tendents to apportion to the districts entitled thereto such funds as are now 
apportioned by such officers, and on making such apportionments to consider 
and allow one-half credit for such kindergarten attendance to the same extent as 
credit is allowed for attendance in primary or grammar grades: Provided, how¬ 
ever, That credit for kindergarten attendance shall be based on a three-hour 
day: Provided, That for the purposes of this act, an attendance of two (2) 
hours shall be credited as one-half day. Such kindergartens shall constitute a 
part of the common school system and shall be open to all children of proper 
age resident in the district maintaining same. It shall be the duty of all dis¬ 
trict clerks to include children four years of age and over in the enumeration 
of the annual school census with like effect as children of higher age are now 
included therein. (L. T7, p. 506, sec. 1; R. C. S., sec. 5098; P. C., sec. 5256.) 

Cross-references: Public school system defined, sec. 1 ; administrative officers of 
the public schools, sec. 2 ; admission of children to the common schools, sec. 243 ; 
regular school day, sec. 246 ; reports of attendance, by city superintendents and 
teachers, sec. 312 ; by teachers, sec. 317 ; by county superintendents, sec. 440, subd. 11 ; 
by district clerks, sec. 587, subd. 4 ; school census in districts of the second and third 
classes, sec. 587, subd. 3 ; in districts of the first class, sec. 662 ; basis of apportionment 
of school funds, sec. 764 et seq. 

1. Census enumeration of children between four and five years of age should be 
made in every district of the first or second class, regardless of whether or not the 
district maintains a kindergarten. (Atty. Gen., June 11, 1918.) 

2. Children between four and five years of age should not be enumerated in the 
school census of districts other than of the first and second classes. (Atty. Gen., June 
18, 1918.) 

3. In allowing credit for kindergarten attendance, two days’ credit should not be 
granted where two three-hour school periods are maintained in the same calendar day. 
If a two-hour kindergarten only is maintained in one calendar day, credit should be 
given for a half day’s kindergarten attendance. Three two-hour periods could not be 
maintained by the same school and credit claimed- for one day or one and one-half 
day’s attendance. In such cases, so long as school is maintained for a period of three 
hours, one full day’s attendance should be allowed, and in the event the period is two 
hours and under three, a half day’s credit should be allowed. (Atty. Gen., Feb. 2, 1920.) 

636. Teachers to hold diplomas or certificates 

Kindergarten teachers and supervisors shall have diplomas or certificates 
from some accredited kindergarten training school, from the kindergarten de¬ 
partment of a state normal school of this state or of a normal school whose 
kindergarten department is accredited by the state board of education. (L ’09 
p. 371, sec. 4; R. C. S., sec. 5099; P. C., sec. 5259.) 

Cross-references: Accreditation of institutions, sec. 17, subd. 3; special certificates 
may be issued for kindergarten teaching, sec. 300. 




State of Washington 


277 


ARTICLE XXVI—WIDER USE OF THE SCHOOL PLANT 

637. Wider use of school buildings—erection of teachers’ cottages. 

638. Districts may erect communal assembly place. 

639. Commission to pass upon plan. 

640. Limitation of expenditures. 

637. Wider use of school buildings—erection of teachers’ cottages 

That school boards in each district of the second class and third class may 
provide for the free, comfortable and convenient use of the school property to 
promote and facilitate frequent meetings and association of the people in dis¬ 
cussion, study, improvement, recreation and other community purposes, and 
may acquire, assemble and house material for the dissemination of information 
of use and interest to the farm, the home and the community, and facilities for 
experiment and study, especially in matters pertaining to the growing of crops, 
the improvement and handling of livestock, the marketing of farm products, 
the planning and construction of farm buildings, the subjects of household 
economics, home industries, good roads, and community vocations and indus¬ 
tries; and may call meetings for the consideration and discussion of any such 
matters, employ a special supervisor, or leader, if need be, and provide suitable 
dwellings and accommodations for teachers, supervisors and necessary assistants. 
(L. T3, p. 395, sec. 1; R. C. S., sec. 4837; P. C., sec. 4909.) 

Cross-references: Club work and demonstration work, sec. 140 ; directors may 
authorize use of the schoolroom for specified kinds of meetings, sec. 582, subd. 10. 

I. Allegation that a school district has erected a dwelling house for teachers in 
conformity with the communal district act, sec. 637 et seq., is sufficient against a 
general demurrer to show that the district intended to come within the provisions of 
the law and to show authority to erect a dwelling for teachers: Hansen v. Lee, 119 
Wash. 691. 

2. Dancing is a form of recreation ; and since the law does not limit the use 
of the school property to any particular kind of recreation, it may be used for dancing. 
(Atty. Gen. Ops., 1913-14, p. 296.) 

3. Approval by the supervisors is not necessary to authorize the board of directors 

to permit the mere use of the school building for dances or any of the purposes men¬ 
tioned in this act. (Atty. Gen. Ops., 1913-14, p. 296.) 

4. Under this and the following section, directors of school districts of the third 

class may provide for free use of school property, including both buildings and 

grounds, to promote meetings of the people for recreation, to adapt both schoolhouse 
and grounds to recreation, and to purchase suitable apparatus and supplies for recrea¬ 
tion, and to that end may expend school funds to install a gymnasium, construct 
tennis courts, baseball grounds, swings, etc., and to buy material and supplies. Before 
any such expense could be lawfully incurred it would be necessary to have approval 
of the boar.d of supervisors. (Atty. Gen. Ops., 1915-16, p. 65.) 

5. There is no provision of the statutes relating to districts of the first class, 
expressly or impliedly authorizing the construction of a dwelling house for any pur¬ 
pose. (Atty. Gen. Ops., 1917-18, p. 402.) 

6. The directors of a school district of the third class have no authority to rent 
a schoolhouse to a third party for the purpose of operating a dance for profit. (Atty. 
Gen. Ops., 1919-20, p. 334.) 

7. The holding of the attorney general’s office that directors could permit dancing 
in schoolhouses is not to be understood that directors are obliged to permit dancing, 
but they are authorized to exercise their own discretion in such matters. (Atty. Gen., 
Jan. 28, 1914.) 

8. The board of directors of a school district has no authority to expend district 
funds for transportation of exhibits, purchasing of premiums and other expenses 
incidental to an agricultural and industrial exhibit at the county fair arranged for by 
the county superintendent of schools. (Atty. Gen., Maj^ 28, 1917.) 

9. Directors of districts of the second and third classes may provide suitable 
dwellings and accommodations for teachers employed in the public schools, as well as 
for the special supervisors and their assistants provided for in this act. (Atty. Gen., 
Mar. 30, 1921.) 

10. The directors of a school district of the second class have no authority with 
or without the vote of the electors to issue warrants against the general fund of the 
district for the purpose, of constructing a teacher’s cottage. (Atty. Gen., May 4, 1921.) 

II. The directors’ of a school district have no authority to lease the school 
grounds for a ball park to be operated as a private commercial enterprise, since under 
this section the use of school property for recreation purposes must be free. (Atty. 
Gen., May 10, 1921.) 

12. The school directors have the custody of school buildings, and have the right 
to decide what use may be made of the buildings. As a matter of public policy, how¬ 
ever. no board should refuse to permit the buildings to be used for community center 
meetings of a public character, unless in some special case when the buildings do not 
happen to be in condition for use. (Supt. Pub. Instr., Nov. 2, 1914.) 

13. A vote of the electors is necessary to authorize the building of a teacher’s 
cottage. (Supt. Pub. Instr., Sept. 4, 1919.) 




Code of Public Instruction 


278 


14. Apportionment can be allowed only for actual school attendance. Whether 
a community meet may be attended by a school and such attendance counted as 
actual school attendance depends upon the character of the meet. If attendance is 
for a strictly educational purpose, is under the supervision of the teacher and the 
community center leader and all pupils are required to attend, it is our opinion that 
such attendance can be counted for purposes of apportionment. (Supt. Pub. Instr., 
Nov. 6, 1920.) 

15. Funds to be used to build a gymnasium cannot be transferred from that use 
and applied to the building of a teacher’s cottage without authorization by the electors 
of the district. (Supt. Pub. Instr., May 15, 1922.) 

16. Surplus funds on hand in the general fund cannot be used for the purpose of 
erecting a teacher’s cottage. If the cash on hand is in the building fund, it can be 
used for the erection of the cottage, provided that action has been authorized by the 
electors of the district. (Supt. Pub. Instr., Aug. 9, 1922.) 


638. Districts may erect communal assembly place 

That each school district of the second or third class, by itself or in com¬ 
bination with any other district or districts, shall have power, when in the 
judgment of the school board it shall be deemed expedient, to reconstruct, re¬ 
model or build school houses, and to erect, purchase, lease or otherwise acquire 
other improvements and real and personal property, and establish a communal 
assembly place and appurtenances, and supply the same with suitable and con¬ 
venient furnishings and facilities for the uses mentioned in section 637. (L. T3, 

p. 396, sec. 2; R. C. S., sec. 4838; P. C., sec. 4910.) 

1. The authority to erect dwellings for school teachers is given by sec. 637, 
relating to communal functions of school districts and not by the general provisions 
of the school code, hence only school districts intending to carry out such functions 
are entitled to erect dwellings for school teachers: Hansen v. Lee, 119 Wash. 691. 

2. The directors of a district of the second class have the authority to erect or 
construct a hall to be used primarily for recreation purposes, subject to the conditions 
and in the manner provided in this and the following sections. (Atty. Gen. Ops., 
1915-16, p. 269.) 

3. Where a community hall is built so as to form a part of a schoolhouse, or is 
built on the school grounds, it is under the supervision and control of the board of 
school directors, and they shall decide to what uses such hall may be put, even 
though such hall be built wholly or in part by popular subscription or donation. 
(Supt. Pub. Instr., Mar. 2, 1916.) 

4. A board of directors of a school district of the second or third class has 
authority to permit the erection on the school grounds of a hall for community pur¬ 
poses by funds raised by general subscription and to acquire title to and hold the 
same for the district, subject to the approval of plans for the acquisition, construction 
and furnishing of such hall by the board of supervisors provided for in sec. 639 and 
subject also to the general provisions of the law relating to acquisition of school 
property. Such hall, within the foregoing limitations is within the custody of the 
board and subject to its control to the same extent as other school property. (Supt. 
Pub. Instr., Dec. 4, 1920.) 

639. Commission to pass upon plan 

Plans of any district or combination of districts for the carrying out of 
the powers granted by this act shall be submitted to and approved by the board 
of supervisors composed of seven members, as follows: The state superintendent 
of public instruction; the head of the extension department of Washington state 
college; the head of the extension department of the university of Washington; 
the county superintendent of schools of the county in which such facilities are 
proposed to be located; these four to choose a fifth member from such county, 
and a sixth and a seventh member, one of whom shall be a woman, from the dis¬ 
trict or districts concerned. (L. T3, p. 396, sec. 3; R. C. S., sec. 4839; P. C. 
sec. 4911.) 

1. General plans for putting in force the general purposes of the act must be 
approved by the supervisors, but their approval of plans for a dwelling for teachers 
is not required: Hansen v. Lee, 119 Wash. 691. 

2. Approval of the supervisors is required for plans involving expenditure of 
funds of school districts of the third class to install a gymnasium, construct tennis 
courts, baseball grounds, swings, etc., and buy material and supplies for such sports. 
(Atty. Gen. Ops., 1915-16, p. 65.) 

3. Approval of the supervisors as provided for in this section is required onlv 
in cases where powers are exercised under this act and is not required for school 
buildings which are to be used for school purposes only, in which case approval of 
theicountyiSuperintendent is required as provided in sec. 442. (Atty. Gen. Ops., 

4. The requirement of this section for submission of plans to the board of 
supervisors is mandatory and a contract for the construction of a teacher’s cottage is 
voidable until approval is obtained. The county auditor should withhold the issuance 




State of Washington 


279 


of warrants in payment of the contract until such approval is obtained. (Atty. Gen., 
Mar. 30, 1921.) 

5. Plans for building a gymnasium and manual training shop do not require the 
approval of the supervisors. (Supt. Pub. Instr., Aug. 16, 1919.) 

640. Limitation of expenditures 

No real or personal property or improvements shall be purchased, leased, 
exchanged, acquired or sold, nor any school houses built, remodeled or removed, 
nor any indebtedness incurred or money expended for any of the purposes of 
this act except in the manner provided by law for the purchase, lease, exchange, 
acquisition and sale of school property, the building, remodeling and removing 
of school houses and the incurring of indebtedness and expenditure of money 
for school purposes. (L. ’13, p. 396, sec. 4; R. C. S., sec. 4840; P. C., sec. 4912.) 

Cross-references: Conveyances of district property, sec. 605 ; purchase and sale 
of real property and erection and removal of schoolhouses in districts of the second 
class, sec. 729 ; in districts of the third class, sec. 746; incurring of indebtedness, 
secs. 780 and 785. 

1. A school district cannot transfer funds on hand in the general fund to a 
building fund and erect a teacher’s cottage therewith. (Atty. Gen., May 22, 1917.) 


ARTICLE XXVII—LIBRARIES 

641. Establishment—petition and vote. 

642. Public aid to circulating libraries. 

643. Annual appropriations—act applies to all free libraries. 

644. Management—board of trustees—qualifications, etc. 

Cross-references: Superintendent of public instruction a member of state library 
committee, sec. 10 ; county circulating libraries, sec. 453 et seq. ; union high school 
districts may establish libraries, sec. 497 ; directors may exclude immoral and per¬ 
nicious publications from the schools, sec. 582, subd. 9 ; annual report of clerk to 
contain number of volumes in district library, sec. 5 87, subd. 4 ; authority of directors 
to purchase libraries for districts of the second class, sec. 727 ; for districts of the 
third class with approval of county superintendent, sec. 741. 

641. Public library law 

By a majority vote at any election, any city, village, town, school district, 
or other body authorized to levy and collect taxes, or by vote of its common 
council, any city or incorporated town may establish and maintain a free public 
library, with or without branches, either by itself or in connection with any 
other body authorized to maintain such library. Whenever twenty-five tax¬ 
payers shall petition, the question of providing library facilities shall be voted on 
at the next election or meeting at which taxes may be voted: Provided, That 
due public notice shall have been given of the proposed action. (L. ’15, p. 27, 
sec. 1; R. C. S., see. 8226; P. C., sec. 5490.) 

Cross-references: Penalty for injury by pupil to books belonging to school district 
library, sec. 352; establishment and maintenance of school district, library may be 
authorized by special meeting of the district, sec. 528. 

1. A public library established by a school district is the property of the district 
and its value should be included in the reports and records of the assets of the 
district. (Atty. Gen. Ops., 1913-14, p. 476.) 

2. The commissioners are not charged with the duty of making the levy for the 
library maintained by the school district, unless such levy is certified to them, and the 
directors are charged with the duty of certifying the levy. (Atty. Gen. Ops., 1913-14, 
p. 476.) 

3. The board of trustees of a public library may not enter into a contract with 
the county superintendent for library service to the rural schools of the county, or 
with the directors of a school district for library service to pupils of the district, but 
may make a contract with the board of county commissioners for the benefit of 
residents of the county. (Atty. Gen., Oct. 23, 1919.) 

642. Public aid to circulating libraries 

By similar vote money may be granted toward the support of libraries not 
owned by the public but maintained for its welfare and free use: Provided, 
That such libraries shall be subject to the inspection of the state library com¬ 
mission and registered by it as maintaining a proper standard; that the com¬ 
mission shall certify what number of books circulated are of such a character 
as to merit a grant of public money; and that the amount granted yearly to 
libraries on the basis of circulation shall not exceed ten cents for each volume 





280 


Code of Public Instruction 


of the circulation thus certified by the commission. (L. ’09, p. 396, sec. 2; R. 
C. S., sec. 8227; P. C., sec. 5491.) 

Cross-reference: Certain duties of state library commission transferred to state 
library committee, sec. 10. 

643. Annual appropriations—act applies to all free libraries 

Taxes, in addition to those otherwise authorized, may be voted by any au¬ 
thority named in section 641, and for any purposes specified in sections 641 and 
642 and shall, unless otherwise directed by such vote, be considered as annual ap¬ 
propriations therefor until changed by further vote, and shall be levied and 
collected yearly, or as directed, as are other general taxes; and all money re¬ 
ceived from taxes or other sources for such library shall be kept as a separate 
library fund and expended only under direction of the library trustees on prop¬ 
erly authenticated vouchers. Every free library now established and every free 
library hereafter established shall be maintained and managed as provided in 
this act. (L. ’09, p. 396, sec. 3; R. C. S., sec. 8228; P. C., sec. 5492.) 

Cross-references: School district tax levies, in general, sec. 779 ; in districts of 
the first class, secs. 664 and 665; in districts of the second class, sec. 728; in districts 
of the third class, sec. 745. 

644. Management—board of trustees—qualifications, etc. 

The management and control of every library shall be vested in a board of 
five trustees (unless a larger number be decided upon by a vote at the time of 
establishment or at some subsequent annual election) who shall be elected by 
the legal voters; except that in cities and incorporated towns they shall be 
appointed by the mayor, with the consent of the city or town council, from 
citizens of recognized fitness for such position. No person shall be ineligible as a 
trustee by reason of sex, and no trustee as such shall ever receive any com¬ 
pensation. The first trustees shall determine by lot whose term of office shall 
expire each year, and a new trustee shall be elected or appointed annually to 
serve for five years, except when the board consists of more than five members, 
each trustee shall serve for a term of years corresponding to the number of 
regular members on the board in order that one term shall expire each year; 
all vacancies shall be as soon as possible filled in like manner as the members 
of the board are regularly chosen, and in an unexpired term for the residue of 
the term only. (L. ’15, p. 28, sec. 2; R. C. S., sec. 8229; P. C., sec. 5493.) 

Cross-references: Annual school district elections, sec. 515 et seq. ; in districts of 
the first class, sec. 707 et seq. 


CHAPTER 4—SCHOOL DISTRICTS OF THE FIRST CLASS 
ARTICLE I—DEFINITION AND OFFICERS 


645. School districts of the first class defined. 

648. The board of directors. 

647. Election first Saturday in December. 

648. Oath of office and organization of board. 

•649. Election of officers by roll call. 

650. President must preside at meetings. 

651. Duties of vice president. 

652. Secretary—duties. 

653. Bond of the secretary. 

654. Regular and special meetings of the board. 

655. The board must maintain an office. 

656. How moneys shall be paid out. 

657. The board to fill vacancies. 

658. The board may compel attendance of its members. 

659. Auditing committee. 

660. The board shall advertise for bids. 

661. Directors—powers and duties. 

662. Shall take school census. 

663. When board may sell property. 

664. Shall direct commissioners to levy taxes. 



281 


State of Washington 


665. Maximum tax levy. 

666. Power to create permanent insurance fund. 

667. Tax levy to create permanent insurance fund. 

668. Treasurer may invest funds. 

669. Directors may cause free milk to be furnished. 

670. Parental schools—establishment in cities of 50,000. 

671. Sites purchased or leased—location—furnishing. 

672. Superintendent, officers, teachers, etc. 

673. Religious services. 

674. Petition for commitment. 

675. Procedure—notice of hearing. 

676. Parents to provide clothing. 

677. Rules and regulations by board of education—parole. 

678. Monthly reports—final discharge. 

679. Violation of parole. 

680. Incorrigibles sent to reformatory. 

Cross-references: School districts of the second class, sec. 720 et seq. ; school 
districts of the third class, sec. 733 et seq. 

645. School districts of the first class defined 

Any school district in this state containing a city of the first class or of 
the second class, or containing a city having the population requisite for a city 
of the first class [i. e., more than 20,000], or of the second class [i. e., more than 
10,000], as shown by any regular or special census, shall be a school district of 
the first class. (L. ’09, p. 264, sec. 2; R. C. S., sec. 4695; P. C., sec. 4899.) 

Cross-references: Definition of district of the second class, sec. 720 ; of the third 
class, sec. 733. 

1. Consolidated districts are classified in the same manner as single school 
districts. (Atty. Gen. Ops., 1911-12, p. 216.) 

2. A school district of the second class containing a city which becomes a city of 
the second class does not automatically become a school district of the first class, but 
is a potential district of the first class, with power to organize as such. (Atty. Gen. 
Ops., 1913-14, p. 324.) 

3. While there is no designated procedure for re-classifying school districts, in 
view of the general powers of the county superintendent, and in view also of sec. 462 
providing for the designation of districts, the change in classification is made by the 
county superintendent upon proper proof being presented to him, showing that a 
different classification should be made. He should make an order in conformity with 
his findings, and alter his records accordingly. The district board may then organize 
pursuant to such order, and proceed under the new classification. (Atty. Gen., Sept. 
20, 1922.) 

646. The board of directors 

The directors of school districts of the first class shall consist of five mem¬ 
bers, who shall be known as the board of directors. They shall be elected by 
ballot by the qualified electors of the district, and shall hold their office for a 
term of three years and until their successors are elected and qualified. 

When a district of the second or third class shall become a district of the 
first class the exsting directors shall serve until the annual election preceding 
the expiration of the term for which they w r ere elected and shall appoint two 
additional directors who shall serve until the next annual school election in 
said district. At such annual election three directors shall be elected, one for 
one year, one for two years and one for three years. 

In case vacancies are to be filled, and the successor or successors are to 
be elected to fill an unexpired term or terms, the ballot shall specify the term 
for which each such director is to be elected. (L. ’09, p. 289, sec. 1; R. C. S., 
sec. 4790; P. C., sec. 4992.) 

Cross-references: Elections in districts of the third class, sec. 707 et seq. : school 
boards to consist of three members in districts of the second class, sec. 721 ; in districts 
of the third cl8.ss sec* 734. 

1. The act of thie legislature providing for school districts in cities of ten thou¬ 
sand or more inhabitants is not unconstitutional on the ground that it affords a dif¬ 
ferent and better system of education to such cities which amounts to special legisla¬ 
tion: Holmes & Bull Furniture Co. v. Hedges, 13 Wash. 696. 

2. When a new district is formed by the uniting of two incorporated cities and it 
appears that the population of the new city exceeds ten thousand, the members of the 
respective school boards holding office at the time of formation of the new district 
will continue in oflice until the first Monday in January following the date of the 








282 


Code of Public Instruction 


expiration of the terms for which they were elected, respectively, and until their 
successors shall be elected and qualified and their successors, respectively, should be 
elected at the December election preceding the first Monday in January. (Atty. Gen. 
Ops., 1903-4, p. 200.) But see secs. 531 and 543, specifying dates of election where 

elections of school districts are combined with those of other political subdivisions. 

3. If a city consolidates with another city of over ten thousand in population, 
the school board of the latter city would have full jurisdiction for school purposes 
over the territory embraced and the districts consolidated from the union of the two 
municipalities under the name of the latter city. (Atty. Gen. Ops., 1905-6, p. 197.) 


647. Election first Saturday in December 

The regular district election in each district of the first class shall he held 
on the first Saturday of December in each year, and such election shall be held 
in the manner provided in article one [three], chapter thirteen of this title 
[Code Pub. Ins., secs. 707-719]. (L. ’09, p. 290, sec. 2; R. C. S.. sec. 4791; P. C., 

sec. 5016.) 

Cross-references: District elections in class A counties and counties of the first 
class, sec. 532 ; in other than class A counties and counties of the first class in port 
districts containing a school district of the first class, sec. 543 ; date of election changed 
to first Tuesday of December by act of 1919, sec. 707. 


648. Oath of office and organization of board 

All persons elected as members of the board of directors of districts of 
the first class shall, within ten days thereafter, appear before the officer author¬ 
ized to administer oaths, take and subscribe the usual oath of office and deliver 
the same to the county superintendent of schools; in case any person elected 
shall fail so to do, his election shall be void and the vacancy occasioned thereby 
shall be filled by the board as hereinafter provided. The term of office of 
persons so elected shall begin on the first Monday of the month of January 
following their election. At the first meeting of the members of the board in 
the month of January of each year, they shall elect a president and vice-presi¬ 
dent from among their number who shall serve for a term of one year or until 
their successors are elected and qualified. In the event of the temporary ab¬ 
sence or disability of both the president and vice-president, the board of direc¬ 
tors may elect a president pro tempore , who shall discharge all the duties of 
president during such temporary absence or disability. They shall also at 
their regular meeting in the month of January in each year elect a secretary 
at such salary as they may deem just; said secretary shall not be a member 
of the board of directors, and may be removed by the board at any time. (L. 
’09, p. 290, sec. 3; R. C. S., sec. 4792; P. C., sec. 4994.) 

Cross-references: County superintendent to require oaths of office to be filed in 
his office, sec. 441 ; violation of oath of office ground for recall, sec. 503 ; violation of 
oath of office, or failure to take, vacates the office, sec. 580. 

1. The secretary of the board of directors of a first class school district is 
authorized to administer the oath of office provided for in this section. (Atty. Gen. 
Ops., 1917-18, p. 2.) 


649. Election of officers by roll call 

The election of the officers of the board of directors, the city superin¬ 
tendent, the secretary, teachers, janitors and all other officers of such district 
shall be by viva voce vote upon a call of the roll of all the members, and no 
person shall be declared elected unless he receives a majority vote of all the 
members of the board. (L. ’09, p. 290, sec. 4; R. C. S., sec. 4793; P. C., sec. 
4995.) 

Cross-references: Employment of city superintendents, sec. 661, subd. 1 ; of 
teachers and janitors, sec. 661, subd. 5 ; of other district officers, sec. 661, subd. 6 ; of 
assistant city superintendents, sec. 661, subd. 7. 


650. President must preside at meetings 

It shall be the duty of the president to preside at all meetings of the 
board, and to perform such other duties as the board may prescribe. (L. ’09, 
p. 290, sec. 5; R. C. S., sec. 4794; P. C., sec. 4996.) 

Cross-references: Regular and special meetings of the board, sec. 654 ; president 
to sign warrants or general certificate, sec. 656. 




State of Washington 


283 


651. Duties of vice president 

It shall be the duty of the vice president to perform all the duties of presi¬ 
dent in case of his absence or disability. (L. *09, p. 291, sec. 6; R. C. S., sec. 
4795; P. C., sec. 4997.) 

652. Secretary—duties 

It shall be the duty of the secretary to he present at all meetings of the 
board, to keep an accurate journal of the proceedings, to take charge of its 
books and documents, to countersign all warrants for school money drawn upon 
the county treasurer by order of the board; he may be authorized by the board 
to act as business manager, purchasing agent, superintendent of buildings and 
janitors, and charged with the special care of school buildings and other prop¬ 
erty of the district; he shall also perform such other duties as the board may 
direct. (L. ’19, p. 212, sec. 8; R. C. S., sec. 4796; P. C., sec. 4998.) 

Cross-references: Duties of district secretary under state retirement fund act, 
secs. 331-333 ; under local retirement fund act, secs. 689-691 ; disbursements in districts 
of the first class, sec. 656 ; directors authorized to employ superintendent of buildings 
and janitors, and superintendent of supplies, sec. 661, subd. 6 ; secretary to take census 
and make annual report to county superintendent, sec. 662 ; deeds to be executed by 
president or vice-president and secretary, sec. 663 ; duties of secretary in connection 
with district elections, secs. 711, 715, 717 and 719 ; bonds to be attested by secretary, 
secs. 793 and 799 ; duties of county treasurer relative to district warrants, sec. 856 
et seq. 


653. Bond of the secretary 

Before entering upon the discharge of his duties, the secretary of the board 
shall give bonds in such sum as the board of directors may fix from time to 
time, but for not less than five thousand dollars ($5,000), with good and sufficient 
sureties, and shall take and subscribe an oath or affirmation, before a proper 
officer, that he will support the constitution of Washington and faithfully per¬ 
form the duties of his office. He shall, from time to time, as he may be required 
by the board, make a complete and detailed record of his transactions as secre¬ 
tary, which shall be combined with his annual report, to be published in the 
manner determined by the board. (L. ’09, p. 291, sec. 8; R. C. S., sec. 4797; P. C., 
sec. 4999.) 

Cross-reference: Premium for official bonds to be paid by the district, sec. 661, 
subd. 11. 

654. Regular and special meetings of the board 

The regular meetings of the board of directors shall be held monthly or 
oftener at such a time as the by-laws of the board may prescribe, but special 
meetings may be held from time to time as circumstances may demand, at 
the call of the president or on petition of a majority of the members of the 
board, and all meetings shall be open to the public unless otherwise specially 
ordered. (L. ’09, p. 291, sec. 9; R. C. S., sec. 4798; P. C., sec. 5000.) 

Cross-references: Directors to meet on Wednesday following first Monday in 
April for hearing on preliminary budget, sec. 826 ; and on the first Monday in October 
for revision of items of the final budget, sec. 827. 

655. The board must maintain an office 

The board of directors shall maintain an office where all regular meetings 
shall be held, and all records, vouchers and other important papers belonging 
to the board may be preserved, and shall at all times be open for inspection of 
resident taxpayers. (L. ’09, p. 291, sec. 10; R. C. S., sec. 4799; P. C., sec. 5001.) 

656. How moneys shall lie paid out 

The moneys of such school districts shall be paid out only upon warrants 
signed by the president, or a majority of the board of directors, and counter¬ 
signed by the secretary: Provided, That when, in the judgment of the board 
of directors, the warrants issued by the district monthly shall have reached 
such numbers that the signing of each warrant by the president personally im¬ 
poses too great a task on the president, the board of directors, after auditing 
all payrolls and bills as provided by section 659, may authorize the issuing of 
one general certificate to the county treasurer, to be signed by the president, 
authorizing said treasurer to pay all the warrants specified by date, number, 




284 


Code of Public Instruction 


name and amount, and the funds on which said warrants shall be drawn. And 
the secretary of said board shall be authorized to draw and sign said warrants. 
(L. ’09, p. 292, sec. 11; R. C. S., sec. 4800; P. C., sec. 5002.) 

Cross-reference: Duties of county treasurer as ex-officio treasurer of school dis¬ 
tricts, sec. 856 et seq. 

1. Under a former statute providing for issuance of warrants by boards of school 
directors, it was held that writ of mandamus did not issue at the suit of two directors 
to compel the third director to sign warrants for payment of teachers’ salaries because 
mandamus will lie only at the instance of parties in interest: State ex rel. Starrett v. 
James, 14 Wash. 82. 

2. Warrants of districts of the first class are issued by the board of directors of 
such district and it is the duty of the board to fix the rate of interest such warrants 
shall bear. (Atty. Gen. Ops., 1915-16, p. 334.) 

657. The board to fill vacancies 

The board of directors shall have power to fill, by election, any vacancy 
which may occur in its body, but the election to fill such vacancy shall be valid 
only until the next regular district election, and the ballots and returns shall 
be designated as follows: “To fill unexpired term.” (L. ’09, p. 292, sec. 12; 
R. C. S., sec. 4801; P. C., sec. 5003.) 

Cross-references: Creating of vacancies, secs. 580 and 658; regular district elec¬ 
tions, sec. 707 et seq. 

1. In the event that the successful candidate for the office of school director is 
unable to qualify, the office is then vacant and should be filled by appointment. (Supt. 
Pub. Instr., Api\ 3, 1922.) 

658. The board may compel attendance of its members 

A majority of all members of the board of directors shall constitute a 
quorum, but a less number in attendance at any regular meeting shall have, 
and a quorum at any special meeting shall have, power to compel the attend¬ 
ance of absent members, in such manner and under such penalties as the board 
may see fit to prescribe; and the absence of any member from four consecutive 
regular meetings of the board, unless on account of sickness or by resolution 
of the board, shall vacate his position in the board, which fact shall be passed 
upon by the board of directors and spread" upon their records. (L*. ’09, p. 292, 
sec. 13; R. C. S., sec. 4802; P. C., sec. 5004.) 

659. Auditing committee 

All accounts shall be audited by a committee to be styled the “auditing 
committee,” and no expenditure greater than $300 shall be voted by the board 
except in accordance with a written contract, nor shall any money or appro¬ 
priation be paid out of the school fund except on a recorded affirmative vote 
of a majority of all members of the board: Provided, That nothing herein 
shall be construed to prevent the board from making any repairs or improve¬ 
ments to the property of the district through their shop and repair department; 
and the accounts and the records of said board shall at all times be subject to 
the inspection and examination of the county superintendent of said county, 
whose duty it shall be, annually, to examine said records and check said ac¬ 
counts, and report in writing to the board of county commissioners the nature 
and state of said accounts, and any facts that may be required concerning said 
records. (L. ’09, p. 292, sec. 14; R. C. S., sec. 4803; P. C., sec. 5005.) 

Cross-references: Pecuniary interests of directors forbidden, secs. 427 and 584 ; 
authority to maintain shop and repair department, sec. 661, subd. 9 ; division of munici¬ 
pal corporations to install forms and classifications for accounts, sec. 831. 

660. The board shall advertise for bids 

When, in the opinion of the board, the cost of any furniture, supplies, build¬ 
ing, improvements or repairs will equal or exceed the sum of $300, it shall be 
the duty of the board to give due notice by publication, in at least one daily 
newspaper published within said district, and if there be no daily, then in one 
or more weekly papers, in three regular consecutive issues, of the intention to 
receive bids therefor; and the board shall determine the specifications for such 
bids which shall be public: Provided, That the board may, without giving such 
notice, make improvements or repairs to the property of such district through 





State of Washington 


285 


their shop and repair department. (L. ’09, o. 293, sec. 15; R. C. S., sec. 4804; 
P. C., sec. 5006.) 

Cross-reference: Pecuniary interests of directors forbidden, secs. 427 and 584; 
authority to maintain shop and repair department, sec. 661, subd. 9 ; authority of 
directors to make expenditures for building purposes, sec. 664. 

1. After the board of directors of a school district containing a city of more than 
10,000 population has duly advertised for bids for the erection of a schoolhouse, it may 
make alterations in the specifications reducing the cost of the building, making proper 
deductions on account of work eliminated and additions for extras, and thereupon 
enter into a contract with the lowest bidder, without readvertisement, so long as the 
general plan of the building remains substantially the same, and the parties act in 
good faith: Criswell v. Directors School District, 34 Wash. 420. 

2. A finding of the trial court that a contractor and architect were guilty of 
fraud in suggesting changes in the specifications for a school building is not warranted 
where the specifications in the main were identical, and a committee of the board were 
unable to find any material changes, except such as were agreed to and deductions 
made therefor: Id. 

661. Directors—powers and duties 

Every board of directors of a school district of the first class shall, in addi¬ 
tion to the general powers enumerated in chapter XVII (XV) of this title [sec. 
582 et seq .] have the power: 

First: To employ for a term of not exceeding three years a city superin¬ 
tendent of schools of the district, and for cause to dismiss him; and to fix his 
duties and compensation. 

Second: To prescribe a course of study and a program of exercises which 
shall not be inconsistent with the course of study prepared by the state board of 
education for the use of the common schools of this state. 

Third: To make necessary by-laws for more effectively carrying out the 
provisions of this act and for facilitating the work of the board, as required 
by law. 

Fourth: To adopt and enforce such rules and regulations as may be deemed 
essential to the well being of the schools, and to establish and maintain such 
grades and departments, including night, high, kindergarten, manual training 
and industrial schools and schools and departments for the education and train¬ 
ing of any class or classes of defective youth, as shall, in the judgment of the 
board, best promote the interests of education in that district. 

Fifth: To employ, and, for cause, to dismiss teachers and janitors; to de¬ 
termine the length of time over and above eight (8) months that school shall 
be maintained: Provided, That for purposes of apportionment no district shall 
be credited with more than one hundred and eighty-three days’ attendance in 
any school year; to fix the time for annual opening and closing of schools and 
for the daily dismissal of primary pupils before the regular time for closing 
schools. 

Sixth: To employ a business manager, attorneys, an architect, inspectors of 
construction, superintendents of buildings and janitors, and a superintendent of 
supplies and other employees, and to prescribe their duties and fix their com¬ 
pensation. 

Seventh: To employ, and for cause dismiss one or more assistant city 
superintendents and to define their duties and fix their compensation. 

Eighth: To employ, and for cause dismiss, supervisors of instruction, and 
to define their duties and fix their compensation. 

Ninth: To maintain a shop and repair department; and to employ a fore¬ 
man and the necessary help for the maintenance and conduct thereof. 

Tenth: To provide free textbooks and supplies for all children attending 
school, when so ordered by a vote of the electors; or if the free textbooks are 
not voted by the electors, to provide books for children of indigent parents, on 
the written statement of the city superintendent that the parents of such chil¬ 
dren are not able to purchase them. 

Eleventh: To require of the officers or employees of the district to give a 
bond for the faithful discharge of their duties in such penal sum as may be 
fixed by the board with good and sufficient surety, and to cause the premium 
for all bonds required of all such officers or employees to be paid by the district. 

Twelfth: To prohibit all secret fraternities and sororities among the 
students in any of the schools of the said districts. 






286 


Code of Public Instruction 


661. Directors—powers and duties—Continued 

Thirteenth: To appoint a practicing physician, resident of the school dis¬ 
trict, who shall be known as the school district medical inspector, and whose 

duty it shall be to decide for the board of directors all questions of sanitation 

and health affecting the safety and welfare of the public schools of the district; 
he or authorized deputies shall make monthly inspections of each school in the 
district and report the condition of the same to the board of education and board 
of health: Provided, however, That children shall not be required to submit to 
vaccination against the will of their parents or guardian. (L. T9, p. 213, sec. 
9; R. C. S., sec. 4805; P. C., sec. 5007.) 

Cross-reference: Powers and duties of directors, in general, sec. 582. 

Notes on subdivision 1 

Cross-reference: Election of county superintendent, sec. 649. 

1. A man is not disqualified by reason of his relationship to his wife, from acting 

as superintendent of schools in one of the districts of the county in which she is 

serving as county superintendent. (Atty. Gen., Jan. 28, 1919.) 

Notes on subdivision 2 

Cross-references: State board to outline course of study, sec. 17, subd. 7 ; directors 
to prescribe courses and rules for parental schools, sec. 672. 

Notes on subdivision 3 

Cross-references: Power of board to prescribe penalties for absence of members, 
sec. 658; time of regular monthly board meetings may be prescribed by by-laws, 
sec. 664. 

Notes on subdivision 4 

Cross-references: Establishment of vocational schools, sec. 266 et seq. ; of part- 
time schools and classes, sec. 273 et seq.', of kindergartens, sec. 663 et seq.; directors 
to prescribe courses and rules for parental schools, secs. 672 and 677. 

2. The directors of a school district of the first class may by ruling make the 
school day consist of one session, provided the ruling is not in conflict with any rule 
or regulation of the state board of education requiring the school day to consist of two 
sessions, and the district would not thereby lose the right to its apportionment of 
current state school funds. The length of such session cannot be less than the minimum 
school day. (Atty. Gen. Ops., 1913-14, p. 40.) 

3. This section does not authorize a district of the first class to establish schools 
for the adult blind. (Atty. Gen. Ops., 1913-14, p. 358.) 

4. A school district has no authority to erect a house on property not used for 
school purposes, either to enhance its value or to give manual training students 
experience in the construction of houses. (Atty. Gen. Ops., 1917-18, p. 402.) 

5. It is not necessary that the children who attend the schools for defectives, 
established by school districts of the first class, be among those reported and listed 
as defective in the annual report of the school clerk in order to entitle the district to 
apportionment for their attendance on the basis of five times the actual days’ attend¬ 
ance. (Atty. Gen. Ops., 1921-22, p. 147.) 

6. Teachers employed in manual training departments where any kind of power- 
driven machine is used are clearly within the provisions of the workmen’s compensation 
law relating to extra-hazardous employment. (Atty. Gen., Mar. 11, 1916.) 

7. The board of directors of a school district of the first class has no authority 
to expend school funds for the support and maintenance of a private natatorium. 
(Atty. Gen., May 11, 1919.) 

8. Only districts of the first class are empowered to establish schools for defec¬ 
tives. (Supt. Pub. Instr., Feb. 24, 1915.) 

9. All common school subjects may be taught in night schools. (Supt. Pub. 
Instr., Sept. 16, 1915.) 

Notes on subdivision 5 

Cross-references: Dismissal of primary pupils, sec. 246; penalty for acceptance 
or demand by school officer for remuneration from teachers’ agency or teacher on 
account of appointment or recommendation for a position, sec. 427 ; teachers’ contracts 
not required to be written in districts of the first class, sec. 582, subd. 1 ; election of 
teachers and janitors by roll call, sec. 649 ; basis of apportionment of school funds, 
sec. 763 et seq. 

10. Where the only issue raised by the pleadings is an allegation and a denial 
of a contract of employment as a teacher, evidence of a rescission of the contract is 
inadmissible: Kennedy v. School District, 20 Wash. 399. 

11. Where a school board, after determining to reduce its corps of teachers from 
thirteen to twelve for the ensuing year, passed a resolution re-employing all but 
reserving the right to remove one of the teachers in case all accepted, the action of the 
board in requesting one of the teachers to resign after she had accepted the contract 
of employment was not equivalent to a removal: Id. 

12. The contract of a school district with a school teacher to teach school for a 
period of eight months is void when the limit of indebtedness of the district has been 
reached and exceeded: Wolfe v. School District No. 2, 58 Wash. 212. 

13. A school teacher who has been discharged by a board of school directors 
without sufficient cause has a right of action for damages for breach of contract • 
Andrus i\ Church, 117 Wash. 627. 




State of Washington 


287 


601. Directors—powers and duties— Continued 

14. Bonuses to teachers, in addition to the salaries stipulated in their contracts, 
may be allowed from the proceeds of an additional tax voted by the electors, without 
the necessity of stating such purpose in the election notice. (Atty. Gen. Ops., 1919-20, 
p. 164.) 

15. The maximum credit of 183 days’ attendance in any school year which may 
be allowed to school districts of the first class for purposes of apportionment of school 
funds includes the allowance for institute attendance provided for in sec 448 (Atty 
Gen., Oct. 5, 1923.) 

16. While the law permits the election of a superintendent or principal in certain 
cases for a longer period than one year, a teacher may be elected for one year only. 
(Supt. Pub. Instr., Mar. 26, 1914.) 

17. A teacher is not expected to pay his substitute, as that is the duty of the 
school board, and the board can legally pay only qualified teachers. (Supt. Pub. Instr., 
Jan. 15, 1916.) 

18. There is nothing in the law which would prevent a married woman from 
teaching school in this state. (Supt. Pub. Instr., Feb. 7. 1916.) 

19. The provision of sec. 661, subd. 5, which limits the amount of attendance a 
school district may receive to 183 days, applies only to school districts of the first 
class, and does not affect a second class school district. (Supt. Pub. Instr., Mar. 6, 


Notes on subdivision 6 

Cross-references: Prosecuting attorney to represent all school districts, secs. 589 
and 590; election of district officers by roll call, sec. 649; district secretary may be 
authorized to act as business manager, purchasing agent, superintendent of ~ buildings 
and janitors and charged with special care of school buildings and other property, 
sec. 652. 

20. Prior to enactment to sec. 589, requiring the prosecuting attorney to represent 
all school districts in all criminal and civil actions and proceedings, it was held that 
a prosecuting attorney employed in private capacity to represent a school district in 
conducting litigation might recover fees from the district: Bates v. School District 
No. 10, 45 Wash. 498. 

21. The board of trustees of a school district of the first class cannot employ 
a minor son of a member of the board to care for the lawn of the high school, since 
the father is beneficially interested in the contract of employment, and any warrant 
issued in payment for services performed by the minor is illegal. (Atty. Gen. Ops., 
1911-12, p. 284.) 

Notes on subdivision 7 

Cross-reference: Election of officers to be by roll call, sec. 649. 

Notes on subdivision 8 

Cross-reference: Election of officers to be by roll call, sec. 649. 

22. There are no conditions imposed by law as to the grade of certificate which 
should be held by the principal of a graded school. (Supt. Pub. Instr., Feb. 2, 1914.) 

Notes on subdivision 9 

Cross-reference: Contracts and advertisements for bids not required for improve¬ 
ments or repairs made through shop and repair department, secs. 659 and 660. 

Notes on subdivision 10 

23. Under sec. 661, subd. 10, it is mandatory upon school boards in districts of 
the first class to furnish free textbooks to the pupils, when so ordered by vote of the 
electors of the district, but it does not necessarily follow that all of the remaining pro¬ 
visions of the several subdivisions are mandatory; Hand v. School District No. 1, 118 
Wash. 439. 

24. Where a school district of the first class is proposing to discontinue free text¬ 
books in the high school in spite of a vote in the district in favor of free texts, in¬ 
junction will lie to prevent the sale of such high school books as are on hand and 
are suitable for use : Id. 

25. A construction of a statute requiring free textbooks and supplies to be 
furnished pupils, on vote of the electors, as mandatory would not authorize the in¬ 
currence of debt beyond the constitutional limit, since the electoral authorization must 
be construed as in effect only so long as it may lawfully be carried out: Id. 

26. The directors of a school district of the first class have no authority to 
furnish free textbooks generally without submitting the question of providing such 
books to the electors of the district for their approval, (Atty. Gen. Ops., 1905-6, p. 
277.) 

27. Since no provision is made for submission of the question of providing free 
textbooks in a district of the first class at either a special meeting or a special election, 
this question must be submitted in such districts at the regular election. (Atty. Gen. 
Ops., 1911-12, p. 56.) 

28. Where a school district of the first class has determined to provide free text¬ 
books and has later promulgated a rule providing that in cases where books were 
destroyed by use, a second set of books should be furnished ; and a student who failed 
to pass in bookkeeping was issued another set of bookkeeping books which were later 
taken away from him by the high school principal and refusal was made to furnish 
another set of books without payment therefor, the board of directors may be com¬ 
pelled upon appeal to the county superintendent to furnish such books where the re¬ 
fusal occurred before the promulgation of said rule. (Atty. Gen., May 15, 1907.) 





288 


Code of Public Instruction 


601. Directors—powers and duties—Continued 

Notes on subdivision 11 

29. Upon discontinuing provision of free text books for pupils the boaid of 
directors of a school district of the first class may sell to the pupils of the schools the 
text books for which the district no longer has use. (Atty. Gen., Apr. 30, 1921.) 

30. The directors of a school district of the first class may discontinue the free 
textbook system without a vote of the people after it has been authorized by the 
electors. (Atty. Gen., May 6, 1921.) 

Notes on subdivision 12 

31 Prior to enactment of subd. 12, it was held that directors might forbid high 
school pupils to join secret fraternal societies upon pain of loss of all privileges of the 
school except that of attending classes, although meetings of the societies were held 
out of school hours and under parental protection, w r here it was shown that such 
societies fostered a spirit of insubordination and were detrimental to good order in 
the schools: Wayland v. Hughes, 43 Wash. 441. 

Notes on subdivision 13 

Cross-references: Health regulations governing teachers, pupils and janitors, sec. 
419 ; directors to cause all school premises to be maintained in a cleanly and sanitary 
condition, sec. 582, subd. 4 ; rules and regulations of the state department of health, 
appendix B. , , 

32. The statute requiring vaccination as a condition to attendance upon public 
schools in districts of the first class is not repealed by sec. 353, since the legisla¬ 
ture has power to require compulsory vaccination as a condition to admission to school: 
State ex rel. McFadclen v. Shorrock, 55 Wash. 209. A subdivision of sec. 661 relating 
to compulsory vaccination was repealed by Laws 1919, ch. 90. See subd. 13 as to 
present law on the subject. 

33. A school district of the first class has no authority to maintain a clinic which 
furnishes free service to school children of parents unable to pay for medical services, 
other than children in parental schools, and performs functions beyond inspection 
of buildings and persons to prevent spi’ead of infection and contagion: McGilvra v. 
Seattle School Dist. No. 1, 113 Wash. 619. 

34. The state board of health has power under Rem. Comp. Stat., sec. 6001, 
Pierce’s Code, sec. 5278, to prescribe a certificate of successful vaccination or of ex¬ 
emption from vaccination as a prerequisite to school attendance during an epidemic 
of smallpox and such order is binding upon school directors and authorizes them to 
make an order enforcing the regulations: State ex rel. Lehman, 119 Wash. 316. 

35. During an epidemic in a district of the first class the health law takes pre¬ 
cedence of the compulsory school law and a pupil who is excluded under a rule of the 
city board of health that all pupils who are not vaccinated or who refuse to be vac¬ 
cinated shall be excluded from school would not and could not be expected to be in 
attendance at school. (Atty. Gen. Ops., 1905-6, p. 194.) 

662. Shall take school census 

The hoard of directors shall annually in May of each year cause to be 
taken an enumeration of all persons between the ages of five and twenty-one 
years residing in the district, said enumeration shall be made on blanks or 
books provided by the district and shall contain such items as the superin¬ 
tendent of public instruction shall require, including the following: The names 
of all persons, male and female, between the ages of five and twenty-one years 
residing in the district on the first day of May last past; the date of birth of 
such child: the names and residences of the parents or guardians of all such 
children. The census shall be taken by the secretary and such enumerators as 
he shall select, subject to the approval of the board or its proper committee. 
The enumerators shall receive such compensation as the board may deem just. 
Each enumerator shall verify by oath the correctness of his report. The secre¬ 
tary of the district shall report to the county superintendent of schools on or 
before the 15th day of the ensuing July the total number of males and the total 
number of females enumerated, together with a complete list containing the 
detailed information herein required of all defective youth residing in said 
district. (L. ’09, p. 295, sec. 17; R. C. S., sec. 4807; P. C., sec. 5011.) 

Cross-references: Census report of deaf, mute and blind youth, sec. 213 ; of de¬ 
fectives. secs. 230 and 231 ; teachers to be provided with copy of census report, sec. 
358; children four years of age and over to be included in census, sec. 635. 

1. The parents’ statement of the age of children would ordinarily be entitled 
to great weight but would not be conclusive. Any other competent authority or proof 
could be resorted to for purpose of determining the age of pupils. While the school 
census may be priina facie evidence of the child’s age when taken in accordance with 
the statute, yet it would not be conclusive. (Atty. Gen. Ops., 1905-6, p. 329.) 

2. The law requiring the taking of the school sensus annually is mandatory. 
(Atty. Gen. Ops., 1905-6, p. 340.) 

3. All Indians who have received allotments of land in severalty and have taken 
up their residence thereon should be included in the school census if they are between 
the ages specified in the law. (Atty. Gen. Ops., 1909-10, p. 23.) 




289 


State of Washington 


4. Census enumeration of children between four and five years of age should be 
made in all districts of the first and second classes, regardless of whether or not the 
district maintains a kindergarten. (Atty. Gen., June 11, 1918.) 

5. Children between four and five years of age should not be enumerated in the 
school census of districts other than of the first and second classes. (Atty. Gen, June 
18, 1918.) 

6. The residence of a minor child, unless he be an emancipated minor, is legally 
the same as that of his parents. The school census of a district should therefore in¬ 
clude no minors except emancipated minors, whose parents are non-residents of the 
district, regardless of the proportion of their time such minors may spend in the dis¬ 
trict. (Supt. Pub. Instr., July 18, 1919.) 

7. Generally speaking, men serving in the military service stationed on a govern¬ 
ment military reservation are not residents of a school district embracing a portion of 
the reservation. If a man were residing in the district at the time of his enlistment 
he might be considered a resident so that his name should be included in the school 
census if he were of proper age. (Supt. Pub. Instr., July 20, 1921.) 

663. When board may sell property 

The board of directors shall have power to sell any of the property of the 
district which is no longer required for school purposes at public or private sale 
upon such terms as they may direct if the value thereof be less than two thou¬ 
sand dollars. The question of the sale of school property which may be found 
by the board of directors to be unsuitable for school purposes, and to be of 
greater value than two thousand dollars, shall be submitted to a vote of the 
electors of the district, either at a general election or at a special election 
called to be held for that purpose, as may be directed by the board of directors, 
and if a majority of the voters of the district voting thereon shall be for the 
sale of the property the directors may make the sale at public auction. The 
sale must be made for cash and good title will be conveyed by deed of the 
school district, executed by the president or the vice-president and secretary 
of the board. (L. ’09, p. 296, sec. 18; R. C. S., sec. 4808; P. C., sec. 5012.) 

Cross-reference: Elections in school districts of the first class, sec. 707 et seq. 

1. Upon discontinuing provision of free textbooks for pupils the board of directors 
of a school district of the first class may sell to the pupils of the schools the textbooks 
for which the district no longer has use. (Atty. Gen., Apr. 30, 1921.) 

664. Shall direct commissioners to levy taxes 

The board of directors shall annually, at a meeting next preceding the 
annual tax levy for state and county purposes, report to the board of county 
commissioners an estimate of the amount of funds, in addition to estimated 
receipts from the state and county apportionments for said district, required 
for the support of the schools, for the purchase of school sites, the erection 
and furnishing of school buildings, the payment of interest upon all bonds 
issued for school purposes, and the creation of a sinking fund for the payment 
of such indebtedness, if any, and the county commissioners are hereby author¬ 
ized and required to levy and collect such additional amount of funds, the 
same as other taxes: Provided , That for the purpose of the purchase of school 
sites and the erection of buildings the board of directors of a district of the 
first class in cities having a population of fifty thousand or less, may annually 
expend a sum not exceeding $50,000; in cities having a population greater than 
50,000 and less than 100,000, a sum not exceeding $100,000; in cities having a 
population greater than 100,000 and less than 200,000, a sum not exceeding $200,- 
000, and for every additional 50,000 of population beyond 200,000 a further sum 
of $50,000: And provided further. That when any greater expenditure shall be 
required for said purposes, in any one current school year, the question shall 
be submitted to a. vote of the electors of the district at the time and place the 
board of directors may appoint. The board of directors shall, previous to such 
election, designate in one daily paper published in the district, if there be one, 
if not, then in such weekly papers as may be selected by the board, the place 
or places where such election shall be held, the locality of the site or sites 
required and the proposed cost of the buildings to be erected thereon. (L. ’09, 
p. 296, sec. 19; R. C. S., sec. 4809; P. C., sec. 5013.) 

Note: County taxes to be levied within five days after the first Monday in 

October annually under county budget act, Laws 1923, p. 526, sec. 4. 

Cross-reference: Pecuniarv interest of directors in purchase of school sites or 
erection of buildings forbidden, sec. 584; tax levy for public libraries, sec. 643; for 
permanent insurance fund, sec. 667 ; for payment of deficiencies under local retire- 

—10 






290 


Code of Public Instruction 


ment fund acts, sec. 706 ; advertisements for bids to erect buildings, sec. 660 ; purchase 
of buildings and sites for parental schools, sec. 671 ; levy and distribution of district 
taxes, sec. 779; basis of assessment of taxing districts, sec. 781 et seq.; tax levies for 
payment of unextinguished validated indebtedness, sec. 796 ; for bond interest and 
sinking fund, sec. 804; budgets of districts of the first class, sec. 822 et seq.; tax 
levies to be made in accordance with budgets, sec. 827. 

1. If a school district in a city of more than 10,000 inhabitants has been en¬ 
larged, the funds for the district so enlarged should be raised from the whole district 
by equal taxation, and under the Laws 1890, p. 394, the question of providing funds 
cannot be affected by the fact that the assessment period commenced prior to the en¬ 
largement, or that the boundaries of the district have been changed since the com¬ 
mencement of the assessment period: School District v. King County, 3 Wash. 154. 

2. Where the map of the county showing school district boundaries required by 
Laws 1891, p. 300, sec. 53, to be furnished the assessor by the county commissioners 
has not been corrected by the assessor after the enlargement of a certain school district 
in the county, and the assessment list made to tally therewith, it is the duty of the 
auditor, from the data in his possession, to make the necessary corrections in extend¬ 
ing the tax: Id. 

3. It is competent for the legislature to provide that the amount of school tax 
shall be determined by the school board and to require that the ministerial act of 
making the levy be performed by the board of county commissioners: State ex rel. 
Evers v. Byrne, 32 Wash. 264. 

4. Under Bal. Code sec. 2367, superseded by this section, it was held that the 
directors of the Tacoma school district had authority to purchase a high school site 
at $32,000.00 when they did not thereby exceed the constitutional limit of indebtedness 
of the district: Nichols v. School District, 39 W T ash. 137. 

5. An illegal or invalid purchase of a high school site by a school district board 
is impliedly ratified by a vote of the district at a special election, authorizing the build¬ 
ing of a high school thereon and the issuance of bonds therefor: Id. 

6. Where a majority vote has been cast in favor of issuing bunds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a school house with the proceeds of a special levy : Randall 
v. School Dist. No. 119 Wash. 222. 

7. Mitchell, J. in, Randall v. School Dist. No. 2Jj, 119 Wash. 222 at page 227 : “It 
is peculiar in this case that the amount called for was not specific but was put upon 
the millage basis. It would produce an amount not known to the voter, except upon 
hearsay or a somewhat intricate examination of public records as to the equalized 
value of the property in the district, recently reduced in area by an order of the county 
superintendent of schools.’' 

8. A vote of the district authorizing levy of a tax for “school purposes” is insuffi¬ 
cient to authorize the directors to erect a school building when the notices of election 
fail to show what if any building or buildings would be built: Id. 

9. The ruling of the attorney general’s office that school directors are not 
authorized to construct portable schoolhouses without authorization from the voters 
thereof at a meeting or election does not apply to school districts of the first class. 
(Atty. Gen. Ops., 1903-4, p. 135.) 

10. Where necessity for a highway greatly exceeds the necessity for a school- 

house site at the same place, the same may be taken on condemnation by the city— 
at least, where the land to be taken from a schoolhouse site is not indispensable to 
the use of the remainder of the site for school purposes, or where a street would not 

materially interfere with the use of the remainder of the site, the same can be taken 

by the city. (Atty. Gen. Ops., 1907-8, p. 371.) 

11. The power and duty of determining the amount of the school district tax 

rests with the officers of the school district and the levying of the tax therefor by the 

county commissioners is purely a ministerial act. (Atty. Gen. Ops., 1913-14, p. 243.) 

12. A school district has no authority to erect a house on property not used 
for school purposes, either to enhance its value or to give manual training students 
experience in the construction of houses. (Atty. Gen. Ops., 1917-18, p. 402.) 

13. Bonuses to teachers, in addition to the salaries stipulated in their contracts, 
may be allowed from the proceeds of an additional tax voted by the electors, without 
the necessity of stating such purpose in the election notice. (Atty. Gen. Ops., 1919-20, 
p. 164.) 

14. The directors of a school district of the first class do not have authority to 
purchase property for school athletic purposes but may acquire additional land by 
condemnation or purchase if the present schoolhouse site is inadequate to afford a 
proper place for the exercise and recreation of pupils. (Atty. Gen., May 15, 1911.) 

15. A levy in excess of the limit provided by law is void and may be disregarded 
by the assessor and treasurer. (Atty. Gen., Oct. 5, 1915.) 

16. A supplemental tax levy cannot be made by the countv commissioners to 
raise additional revenue for a school district after the regular levy has been made and 
an amount equal to the certified and published estimates has been provided for. (Attv 
Gen., NoV. 22, 1915.) 

17. A union high school district and its component school districts are treated 
in the statutes as separate entities for purposes of taxation and may levy an amount 
not to exceed the twenty mill limit which is applicable to all school' districts, without 
regard to the levy in any of the component districts. (Atty. Gen., Jan. 4, 1917.) 

18. It is the duty of the county commissioners without a vote of the electors to 
make a levy to meet interest due on bonds of districts of the first class as well as of the 
second class, even though the levy will exceed one per cent of the assessed valuation 
of all the taxable property of the district. (Atty. Gen., May 14, 1919.) 

19. There is no limitation on the amount of levy to be made for payment of a 
of a judgment against a pchool district but if satisfactory arrangements can be made 






State of Washington 


291 


with the judgment creditor the judgment may be paid in installments with only a 
sufficient levy each year to meet installments due during the year. (Atty. Gen., June 
19, 1919.) 

20. When indebtedness has been incurred by a school district and the amount 
is greater than the estimated income for the year, but no warrants have been issued, 
the amount may be included in the budget for the ensuing year and in such event the 
subsequent action of the directors in approving claims for these items would in effect 
constitute the execution of a new contract which would not depend upon the attempted 
contract made during the preceeding year. (Atty. Gen., Sept. 23, 1919.) 

21. Where a school district of the third class in 1921 voted a special three mill 
levy to purchase a public hall to be used for school purposes, but the tax was not 
levied, and in 1922 a special election was held at which the voters decided not to buy 
the public hall building but to use the money “raised or to be raised’’ by the three 
mill levy authorized the year before to erect a building, and later in the same year 
the voters definitely voted down the proposed purchase of the public hall building, the 
first proposition submitted in 1922 cannot be considered equivalent to an authorization 
by the voters of a special levy for that year since the statement of the question would 
lead the voter to suppose that the only question which he was voting upon was the 
purpose for which the money should be expended and not the question of whether or 
not a special levy should in fact be made. (Atty. Gen., May 4, 1922.) 

22. A surplus in the general fund at the end of the school year, no part of which 
fund was specifically raised for building pui'poses, may be used to make up the current 
expense estimate for the coming year and a levy may be made for building purposes 
in an amount necessary for the construction of a building. In case this amount plus 
the amount to be levied for current expenses does not exceed ten mills, no special 
authorization for an additional levy will be required by vote of the electors though 
authorization to build will be required under any circumstances. If the total amount 
exceeds ten mills the additional levy will of course have to be authorized by majority 
vote, the purpose being indicated on the ballot and the question of authorization to 
build being submitted as an independent question. Or it might be more convenient to 
submit the latter question to the voters at a special meeting as provided for in sec. 528 
in lieu of submitting it at an election. By the method here outlined the same result is 
ultimately obtained as if the money on hand were used for building purposes. (Supt. 
Pub. Instr., Aug. 10, 1920.1 


665. Maximum tax levy 

The tax levied for school purposes in districts of the first class shall in 
no one year exceed one (1) per cent of the assessed value of all the taxable 
property in the district: Provided, That when any greater expenditure shall 
be deemed necessary in any one current school year by the directors, the ques¬ 
tion shall be submitted to a vote of the electors of the district at the time and 
place appointed by the board of directors; and notice thereof shall be given as 
provided in section 664, which notice shall specify the amount of taxes proposed 
to be raised in excess of the said one (1) per cent, and if a majority of the 
electors voting thereon at said election shall be in favor of such additional tax, 
the entire amount so authorized shall be levied and collected. No levy, however, 
shall exceed two (2) per cent of all the taxable property of said district. (L. 
’09, p. 297, sec. 20; R. C. S., sec. 4810; P. C., sec. 5014.) 

Cross-reference: Additional one mill may be levied for vocational education, 

sec. 272. 

1 The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the estimated 
receipts from other sources. (Atty. Gen., Nov. 24, 1911.) 

2 A supplemental tax levy cannot be made by the county commissioners to raise 
additional revenues for a school district after the regular tax levy has been made and 
an amount equal to the certified and published estimate has been provided for. The 
district could incur a warrant indebtedness upon a vote of the electors authorizing the 
same, provided, of course, that the statutes with respect to the incurring of indebted¬ 
ness in such a matter were fully complied with. (Atty. Gen., Nov. 22, 1915.) 

3 The maximum limit of ten mills as provided for in secs. 665, 729 and 745 has 
no application to the levy on the non-high school districts and such tax must be levied 
upon the property of a'district although it has already made a district levy of ten 
mills. (Atty. Gen., Sept. 28, 1917.) 

4 It is the duty of the county commissioners without a vote of the electoi’s to 
make* a levy to meet interest due on bonds of districts of the first class as well as of 
the second class, even though the levy will exceed one per cent of the assessed valua¬ 
tion of all the taxable property of the district. (Atty. Gen., May 14, 1919.) 

5 A notice of election in a district of the first class is insufficient when it submits 
the question of paying out approximately $22,000 for bonuses to teachers but makes 
no mention of the fact that the expenditures would exceed the one per cent levy author¬ 
ized without a vote of the district. (Atty. Gen., Sept. 30, 1919.) 

6. Notice of election of a district of the first class for submitting the question 
of authorizing an increase in the tax levy is invalid if it provides that the polls w ill be 
open at one o’clock p. m. and closed at eight o’clock p. m., and an election thereunder 
would be unauthorized. (Atty. Gen., Sept. 30, 1919.) 






292 


Code of Public Instruction 


666. Power to create permanent insurance fund 

That school districts of the first class shall, when in the judgment of the 
boards of directors it be deemed expedient, have power to create and maintain 
a permanent insurance fund for said districts, to be used to meet losses by 
fire, if any, of said school districts. (L. ’ll, p. 378, sec. 1; R. C. S., sec. 4707; 
P. C., sec. 5008.) 

Cross-reference: Pecuniary interest of directors in insuring of school buildings 
forbidden, sec. 584. 

667. Tax levy to create permanent insurance fund 

The board of directors shall annually, at the same time and in the same 
manner as provided for reporting to the board of county commissioners an 
estimate of the amount of funds required for the support of the schools, report 
the additional amount of funds determined upon for creating or adding to the 
permanent insurance fund of the district, and the board of county commis¬ 
sioners are hereby authorized and required to levy and collect such additional 
amount of funds, the same as other school taxes. (L. ’ll, p. 378, sec. 2; R. C. S., 
sec. 4708; P. C., sec. 5009.) 

Cross-reference: Budgets of districts of the first class, secs. 822-832. 

668. Treasurer may invest funds 

The county treasurer, when authorized to do so by the board of directors 
of any school district, may invest any accumulated permanent insurance fund 
of said district in school, county, or state warrants of the state of Washington, 
and all profits accruing from such investment, and the funds so invested, shall 
revert to the permanent insurance fund of said district, and the county treas¬ 
urer shall be the custodian of all warrants purchased by and with said per¬ 
manent insurance fund until the same are redeemed, and the county treasurer 
shall submit a statement of such fund and warrants as a part of his monthly 
report to each district. (L. ’ll, p. 378, sec. 3; R. C. S., sec. 4709; P. C., sec. 
5010.) 

Cross-reference: Monthly report of county treasurer, sec. 856, subd. 5. 

669. Directors may cause free milk to be furnished 

The board of directors of any public school in any school district of the 
first class may cause to be furnished free of charge, in a suitable individual 
sterilized receptacle on each and every school day to each child in attendance 
under the age of fourteen years desiring the same, not less than one-half pint 
of pure whole milk. The cost of supplying such milk shall be paid for and in 
the same manner and out of the same fund as the other items of expense in¬ 
curred in the conduct and operation of said school. (L. ’23, p. 491, sec. 1; R. 
C. S., sec. 4806*; P. C., sec. 5007a*.) 

Cross-reference: Pecuniary interest of directors in purchase of supplies forbidden, 
secs. 427 and 584 ; contracts and bids for purchase of supplies, secs. 659 and 660. 

670. Parental schools—establishment in cities of 50,000 

In cities having a population of fifty thousand inhabitants or more, there 
may be established, maintained and conducted, one or more parental or truant 
schools for the purpose of affording a place of confinement, discipline, instruc¬ 
tion and maintenance of children of compulsory school age who may be com¬ 
mitted thereto in the manner hereinafter provided. (L. ’03, p. 109, sec. 1; R 
C. S., sec. 10309; P. C., sec. 5236.) 

Cross-references: Compulsory school age in districts maintaining part-time schools, 
sec. 274 ; in other school districts, sec. 353 ; credit for attendance at parental schools 
for purposes of apportionment, sec. 770. 

1. A school district of the first class has no authority to maintain a clinic which 
furnishes free service to school children of parents unable to pay for medical services, 
other than children in parental schools, and performs functions beyond inspection of 
buildings and persons to prevent spread of infection and contagion : McGilvra v. Seattle 
School Dist. No. 1, 113 Wash. 619. 

671. Sites purchased or leased—location—furnishing 

For the purpose of establishing such school or schools, sites may be pur¬ 
chased and buildings constructed or premises rented in the same manner as 
in the case of public schools in such cities. And in addition school or schools 




State of W ashing ton 


293 


may be established and site or sites may be purchased and buildings constructed 
or premises rented outside of said cities: Provided, No school or schools shall 
be established, or sites be purchased, any buildings constructed or premises 
rented which shall be distant more than ten miles from the city so establishing 
or erecting said schools or purchasing said site or sites: And, provided further. 
That no school shall be erected at or near any penal institution. And it shall 
be the duty of the board of directors to furnish all such schools which are by 
them at any place established, with such furniture, fixtures, apparatus and 
provisions as may be necessary for the maintenance and operation thereof. 
(L. ’03, p. 109, sec. 2; R. C. S., sec. 10310; P. C., sec. 5237.) 

Cross-references: Pecuniary interest of directors in erection of buildings and pur¬ 
chase of sites or supplies forbidden, secs. 427 and 584 ; purchase of school sites and 
erection of buildings in districts of the first class, sec. 664. 

672. Superintendent, officers, teachers, etc. 

The board of directors may also employ a superintendent and all other 
necessary officers, agents and teachers and shall prescribe the methods of 
discipline and the course of instruction, and shall exercise the same powers 
and perform the same duties as is prescribed by law for the management of 
other schools. (L. ’03, p. 110, sec. 3; R. C. S., sec. 10311; P. C., sec. 5238.) 

Cross-reference: Superintendents, teachers and other employes to be elected by 
roll call in districts of the first class, sec. 649. 

673. Religious services 

No religious instruction shall be given in such school, but the board of 
directors may make suitable regulations so that the inmates may receive re¬ 
ligious training, either by allowing religious services to be established in the 
institution, or by arranging for attendance elsewhere. (L. ’03, p. 110, sec. 4; 
R. C. S., sec. 10312; P. C., sec. 5239.) 

Cross-references: No public money or property to be appropriated for or applied to 
any religious worship, exercise or instruction or for the support of any religious es¬ 
tablishment, Const., art. 1, sec. 11 ; public schools to be free from sectarian control or 
influence, Const., art. 9, sec. 418. 

674. Petition for commitment 

It shall be the duty of any truant officer or agent of such board of directors 
to petition and any reputable citizen of the city may petition the superior court, 
to inquire into the case of any child of compulsory school age, who is not attend¬ 
ing school, or who has been guilty of habitual truancy, or incorrigibility, and 
the petition shall also state the name, if known, of the father and mother of 
said child, or the survivor of them; and if neither father nor mother of said 
child is living or cannot be found in the county or if their names cannot be 
ascertained, then the name of the guardian if there be one known, and if there 
be a parent living whose name can be ascertained, or guardian, the petition 
shall show whether or not the father or mother or guardian consents to the 
commitment of child to such parental or truant school. Such petition shall 
be verified by oath upon the belief of the petitioner and upon being filed the 
judge of the superior court shall have such child named in the petition brought 
before him for the purpose of determining the application contained in such 
petition. But no child shall be committed to such school who has ever been 
convicted of any offense punishable by confinement in any penal institution. 
Any child so received from the juvenile court shall be subject to the other pro¬ 
visions of this act and may at any time, by order of the school directors be 
returned to the juvenile court and shall not thereafter be returned to the 
parental school without the consent of the directors of such school district. 
(L. T9, p.' 708, sec. 1; R. C. S., sec. 10313; P. C., sec. 5240.) 

Cross-references: Truant officers, sec. 356; juvenile court act, sec. 379 et seq.; 
petitions under juvenile court act, sec. 383; credit for attendance at parental schools 
for purposes of apportionment, sec. 770. 

1. A school superintendent is not empowered to commit pupils to a parental 
school without the intervention of the court. (Atty. Gen. Ops., 1911-12, p. 253.) 

675. Precedure—notice of hearing 

Upon the filing of such petition the clerk of the court shall issue a writ 
to the sheriff of the county directing him to bring such child before the court; 
and if the court shall find that the material facts set forth in the petition are 



294 


Code of Public Instruction 


true, and in the opinion of the court such child is a fit person to be committed 
to such parental or truant school, an order shall be entered that such child be 
committed to such parental or truant school, to be kept there until he or she 
arrives at the age of fourteen years, unless sooner discharged in the manner 
hereinafter set forth. Before the hearing aforesaid, notice in writing shall be 
given to the parent or guardian of such child if known, of the proceedings about 
to be instituted, that he or she may appear and resist the same if they so desire. 
(L. ’03, p. 110, sec. 6; R. C. S., sec. 10314; P. C., sec. 5241.) 

Cross-references: Commitment under compulsory attendance act, sec. 357 ; com¬ 
mitment of delinquent and dependent children under the juvenile court act, sec. 386 ; 
notice of hearing under juvenile court act, secs. 384 and 385. 

676. Parents to provide clothing 

It shall be the duty of the parent or guardian of any child committed to 
this school to provide suitable clothing upon his or her entry into such school 
and from time to time thereafter as it may be needed, upon notice in writing 
from the superintendent or other proper officer of the school. In case any 
parent or guardian shall refuse or neglect to furnish such clothing the same 
may be provided by the board of school directors, and such board may have 
an action, in the name of said directors, against such parent or guardian of 
said child to recover the cost of such clothing with ten (10) per cent addition 
thereto. (L. ’03, p. Ill, sec. 7; R. C. S., sec. 10315; P. C., sec. 5242.) 

677. Rules and regulations by board of education—parole 

The board of education of such city shall have power to establish rules 
and regulations under which children committed to such parental or truant 
schools may be allowed to return home upon parole, but to remain while upon 
parole in the legal custody and under control of the officers and agents of such 
school, and subject at any time to be taken back within the inclosure of such 
school by the superintendent or any authorized officer of such school except 
as hereinafter provded; and full power to enforce such rules and regulations 
to take any such child upon parole is hereby conferred upon the board of school 
directors. No child shall be released upon parole in less than four weeks from 
the time of his or her commitment nor thereafter until the superintendent of 
such parental or truant school shall have become satisfied from the conduct of 
such child that if paroled, he or she will attend regularly the public or private 
school to which he or she may be sent by his or her parents or guardian, and 
shall so certify to said board of school directors. (L. '03, p. Ill, sec. 8; R. C. S., 
sec. 10316; P. C., sec. 5243.) 

678. Monthly reports—final discharge 

It shall be the duty of the principal or other person having charge of the 
school to which such child so released on parole may be sent to report at least 
once each month to the superintendent of the parental or truant school stating 
whether or not such child attends school regularly, and obeys the rules and 
requirements of said school, and if such child so released upon parole shall 
be regular in his or her attendance at school and his or her conduct shall be 
satisfactory for a period of one year from date on which he or she was released 
upon parole, he or she shall then be finally discharged from the parental or 
truant school and shall not be committed thereto except upon petition as here¬ 
inbefore provided. (L. ’03, p. Ill, sec. 9; R. C. S., sec. 10317; P. C., sec. 5244.) 

679. Violation of parole 

In case any child released from said school upon parole as hereinbefore 
provided shall violate the conditions of his or her parole at any time within 
one year thereafter, he or she shall upon the order of the board of school di¬ 
rectors as hereinbefore provided, be taken back to such parental or truant school 
and shall not be again released upon parole within the period of three months 
from the date of such entry; and if he or she shall violate the conditions of a 
second parole he or she shall be recommitted to such parental or truant school, 
and shall not be released therefrom on parole until he or she shall remain in 
such school at least one year. (L. ’03, p. 112, sec. 10; R. C. S., sec. 10318; P C 
sec. 5245.) 




295 


State of Washington 


680. Incorrigibles sent to reformatory 

In any case where a child is found to be incorrigible and his or her in¬ 
fluence in such school to be detrimental to the interests of the other pupils, 
the board of directors may authorize the superintendent or any officer of the 
school to represent these facts to the superior court by petition, and the court 
shall have the power to commit such child to some reformatory institution. 
(L. ’03, p. 112, sec. 11; R. C. S., sec. 10319; P. C., sec. 5246.) 

Cross-references: Commitment to state training school, secs. 172 and 191 ; com- 
mitment to state school for girls, sec. 199 ; commitment under juvenile court act, sec. 


ARTICLE II—TEACHERS’ RETIREMENT FUND 

681. Terms defined. 

682. Retirement fund, establishment of. 

683. Same, administration of. 

684. Organization of board. 

685. Meetings. 

686. Expenses. 

687. Applications for membership. 

688. Certificate of membership. 

689. Membership of new teachers. 

690. Membership dues. 

691. Credits for services and contributions. 

692. Fiscal year. 

693. Annual estimate. 

694. Investment of excess moneys. 

695. Credits for re-entries and transfers. 

696. Retirement annuities. 

697. Disability annuity. 

698. Payment of annuities. 

699. Pro rata payments. 

700. Discharged members repaid dues. 

701. Payments in case of death. 

702. Verified claims. 

703. Allowance or rejection. 

704. Appeals to superior court. 

705. Partial invalidity. 

706. Payment of deficiencies by district—levy. 

Cross-reference: Regents of state college and university authorized to apply for 
benefits of Carnegie fund, sec. 53 ; state-wide retirement fund, sec. 322 ; this act not 
repealed by act creating state fund, sec. 350. 

681. Terms defined 

The word “teacher” whenever used in this act shall be held and construed 
to mean and include any person regularly employed as teacher, instructor, 
principal, supervisor or superintendent in the public schools, or as an assistant 
to any such teacher, instructor, principal, supervisor or superintendent. The 
word “member” whenever used in the act shall be held and construed to mean 
and include any teacher who shall be a contributor to the retirement fund of 
the district where such teacher is employed, any person who shall be an an¬ 
nuitant of such fund, and any person who, having been a teacher in such dis¬ 
trict of the first class, shall be a contributor to the retirement fund of such dis¬ 
trict while temporarily holding office or being employed as a county superin¬ 
tendent of schools or as a deputy or assistant thereof in the county where such 
district is situated, or as state superintendent of schools or deputy or assistant 
thereof, in this state, or while temporarily absent on leave for professional 
preparation, as hereinafter provided. The word “annuitant” whenever used in 
this act shall be held and construed to mean and include any member who shall 
have been retired and shall be entitled to receive an annuity under the pro¬ 
visions of this act. The word “director” whenever used in this act shall be held 
and construed to mean and include a regularly elected, qualified and acting 
member of the board of school directors of a school district of the first class. 




296 


Code of Public Instruction 


The word “trustees” whenever used in this act shall be held and construed to 
mean and include a regularly elected, qualified and acting member of the board 
of trustees of a teachers’ retirement fund established under the provisions of 
this act. (L. T7, p. 744, sec. 1; R. C. S.., sec. 4995; P. C., sec. 4425.) 

1. A truant officer and a visiting housekeeper are not teachers as defined in 
this act. (Atty. Gen. Ops., 1919-20, p. 264.) 

2. A home demonstration agent employed by the United States department of 
agriculture, a director of home economics at Washington, D. C., and a person working 
at home on bulletins, are not within the provisions of this act. (Atty. Gen. Ops., 
1919-20, p. 264.) 

3. If from the facts it appears that a substitute teacher was regularly employed, 
such teacher would be entitled to membership in the teachers’ retirement fund and 
vice versa. (Atty. Gen., Sept. 29, 1920.) 

682. Retirement fund—Establishment of 

Whenever a petition in writing is signed by an apparent majority of the 
teachers of any school district of the first class, and praying for the establish¬ 
ment of a teachers’ retirement fund for such district, under the provisions of 
this act, shall be filed with the board of directors of such district, the board 
shall at its next regular meeting canvass such petition and if it be found to 
contain the valid signatures of a majority of the teachers of the district and to 
be in proper form, the board shall at the next regular meeting of the board, 
vote upon the question of establishing a teachers’ retirement fund under the 
provisions of this act, in and for such district, and shall enter the result of 
such vote upon the minutes of the board and in case a majority of the board 
shall vote in favor thereof such fund shall be deemed established, but nothing 
herein contained shall be construed as preventing the filing of a new petition for 
the establishment of such fund, at any time after the expiration of one year 
from the date of the refusal of the board to establish such fund. (L». T7, p. 
745, sec. 2; R. C. S., sec. 4996; P. C., sec. 4426.) 

Cross-reference: Procedure for transfer of local fund to state fund, sec. 348. 

683. Same, administration of 

Every such fund established under the provisions of this act, shall be ad¬ 
ministered by a board of five trustees, two of whom shall be members of the 

board of directors of the district in which the fund is established, and three of 
whom shall be members of the fund, to be elected as hereinafter provided. Upon 
the establishment of the fund the board of directors shall elect two director 
trustees to serve until and for the term of one year from and after the second 
Monday in October next following the establishment of such fund, and thereafter 
shall annually at its first regular meeting in September, elect two director 
trustees for the term of one year from and after the second Monday in October 
next following such election: Provided, That no director trustee shall be eligible 
to serve as trustee after he shall cease to be a director. Any vacancy in the 

office of director trustee shall be filled by the board of directors for the un¬ 

expired term. Upon the establishment of the fund the board of directors shall 
call an election to be held not less than one or more than two weeks from the 
date of establishment, at the office of the board of directors, at which the peti¬ 
tioners for such fund shall elect by ballot from among their number three mem¬ 
ber trustees, to serve until and for the respective term of one, two and three 
years from and after the second Monday in October next following the establish¬ 
ment of such fund, and thereafter the members of the fund shall annually, on the 
first Monday in October, elect one member trustee for the term of three years 
from and after the second Monday in October next following such election: 
Provided, That no petitioner shall be eligible to serve as trustee for more than 
ninety days after his election unless he shall become a member of the fund, and 
no member trustee shall be eligible to serve as such after he shall cease to be a 
member. Such annual election of the member trustee shall be called and held 
under the direction of and in the manner prescribed by the board of trustees. 
Any vacancy in the office of member trustee shall be filled by the board of 
trustees until such annual election, when the vacancy shall be filled by election 
for the unexpired term. (L. ’17, p. 745, sec. 3; R. C. S., sec. 4997; P. C. sec. 
4427.) 



State of Washington 


297 


684. Organization of board 

On the Monday following the election of the first member trustees, the 
board of trustees shall meet and organize by the election of a president and a 
secretary to serve until and for the term ending one year from and after the 
second Monday in October next following the establishment of the fund, and 
thereafter shall annually on the second Monday in October elect said officers 
for the term of one year, and in case of a vacancy shall fill the same for the 
unexpired term. The secretary of the board of trustees may or may not be a 
member of the board. The trustees shall serve without pay, but the secretary, 
whether a trustee or not, shall receive such reasonable salary as the board may 
authorize. The county treasurer, the county auditor and the prosecuting attor¬ 
ney of the county in which any such fund shall be established, shall be ex-officio 
treasurer, auditor and legal advisor, respectively, of such fund, and the board 
of trustees thereof, and shall be liable, respectively, upon their official bonds for 
the faithful performance of their duties under the provisions of this act, and 
shall serve without extra compensation: Provided, however, That in case of 
any controversy arising between the board of trustees and the board of directors, 
or the county treasurer, or county auditor, and whenever they shall deem it for 
the best interest of the fund the trustees are empowered to employ attorneys 
and pay reasonable fees for the services rendered, out of the retirement fund. 
(L. T7, p. 746, sec. 4; R. C. S., sec. 4998; P. C., sec. 4428.) 

Cross-reference: County treasurer ex-officio treasurer of school districts, sec. 856 


685. Meetings 

The board of trustees shall hold regular meetings on the second Monday in 
October, January, April and July of each year, and may hold special meetings at 
the call of the president or three trustees, and may adjourn any regular meeting 
from day to day, or time to time, until the business before the board is com¬ 
pleted. (L. T7, p. 747, sec. 5; R. C. S., sec. 4999; P. C., sec. 4429.) 

686. Expenses 

A place for the transaction of the business of the board of trustees and an 
office for the secretary, together with all necessary furniture and supplies, includ¬ 
ing books, records, blanks and forms as prescribed by the state bureau of in¬ 
spection and supervision of public offices, and all necessary clerical assistance 
for transacting the business of the trustees and the secretary, shall be furnished 
at the expense of the district in which the fund is established, and the salary 
of the secretary shall be paid out of the retirement fund. (L. T7, p. 747, sec. 6; 
R. C. S., sec. 5000; P. C., sec. 4430.) 


687. Application for membership 

At any time within one year from the date of the establishment of a fund 
as in this act provided, any teacher employed by the district at the date of the 
establishment of such fund, and any person who shall have been a teacher em¬ 
ployed by the district within two years prior to the date of the establishment 
of the fund and who shall have retired from service by reason of having become 
incapacitated for service in the public schools, and any person who having been 
a teacher in the district is holding office or is employed as state or county 
superintendent of schools in this state or as a deputy or assistant thereof or is 
absent on leave for professional preparation, may file with the secretary of the 
board of trustees, upon a blank to be furnished for that purpose, an application 
for membership in such fund, verified under oath by the applicant, and showing 
a detailed statement of the applicant’s service as a teacher in the district, in 
this state and elsewhere, giving the years and months of service in each, re¬ 
spectively, and shall file with such application, upon blanks to be furnished for 
the purpose, such proof of service certified by the clerk, or other officer having 
charge of the records of the district where the service was rendered, as may be 
required by the board of trustees. (L. T7, p. 747, sec. 7; R. C. S., sec. 5001; 
P. C., sec. 4431.) 

1 A home demonstration, agent employed by the United States department of 
agriculture, a director of home economics at Washington D C or a person working 
at home on bulletins, are not within the provisions of this act. (Atty. Gen. Ops., 
1919-20. p. 264.) 





298 


Code of Public Instruction 


2. If from the facts it appears that a substitute teacher was regularly employed, 
such teacher would be entitled to membership in the teachers’ retirement fund and 
vice versa . (Atty. Gen., Sept. 29, 1920.) 

688. Certificate of membership 

All applications for membership shall be considered by the board of trustees 
at the next regular meeting after the same are filed, or at a special meeting 
called for that purpose before the next regular meeting, and, if the application 
is found to be in proper form and accompanied by the proof required by the 
trustees, the applicant s name shall be entered upon the membership register of 
the funds together with the respective totals of years and months of serve [serv¬ 
ice] allowed, in the district, in this state, and elsewhere, respectively, and a cer¬ 
tificate of membership showing the date of issue and the former teaching service 
allowed, shall be delivered to the applicant and a duplicate thereof transmitted 
to the secretary of the district, who shall cause the same to be entered upon 
the records of the district. In making allowance for former service, a year of 
service shall be a legal school year where the service was rendered and frac¬ 
tions of years of service may be counted in computing the total years of service 
when the sum of such fraction equals one or more years: Provided, That no 
teacher shall receive more than one year’s credit for teaching in any school 
year, as defined by the school code of this state. (L. ’19, p. 415, sec. 1; R. C. S., 
sec. 5002; P. C., sec. 4432.) 

Cross-reference: School year defined, secs. 245 and 246. 

689. Membership of new teachers 

Every teacher entering the employment of a district after a fund has been 
established therein, shall become a member of such fund by virtue of such em¬ 
ployment, and it shall be the duty of the secretary of the district, at the time a 
new teacher is employed, to file with the secretary of the fund a notice in 
writing stating the name of the teacher and the date when the employment 
begins, and to notify the teacher in writing of the provisions of this act with 
reference to membership in the fund and that an application for credit for 
former service, on a form to be furnished for that purpose, may be filed with 
the secretary of the fund within ninety days from the date of the beginning of 
such employment. In case such application is filed within ninety days the same 
shall be considered by the board of trustees and credit allowed and certificate 
of membership issued as in the case of original applications for membership. 
In case such application for credit for former service is not filed within ninety 
days, the teacher’s name shall be entered upon the membership register of the 
fund without credit for former service and a certificate of membership without 
such credit issued as in the case of original applications for membership. (L. 
’17, p. 749, sec. 9; R. C. S., sec. 5003; P. C., sec. 4433.) 

690. Membership dues 

It shall be the duty of the board of directors to assess against and deduct 
from the salary of each member of the fund employed by the district, member¬ 
ship dues at the following rates, to-wit: Twelve dollars ($12.00) per year up to 
and including the tenth year of total service; twenty-four dollars ($24.00) per 
year from and including the eleventh and up to and including the twentieth year 
of total service; and thirty-six dollars ($36.00) from and including the twenty- 
first year of total service, until the total contribution of the member to the fund 
shall equal seven hundred and twenty dollars ($720.00). Said assessments and 
deductions to be made in two equal semi-annual installments from the salary of 
such member earned in the months of October and April, respectively, of each 
school year: Provided, That in case any member shall be discharged or shall 
retire from employment of the district the membership dues for the months since 
the last semi-annual installment shall be deducted from the salary earned in the 
last month of service in the district. A receipt for the amount deducted, signed 
by the secretary of the board of directors, shall be delivered to the member, 
with the warrant for the installment of salary from which the deduction is 
made. It shall be the duty of the secretary of the board of directors, on or 
before the tenth day of November and May, respectively, in each year, to draw 
a warrant upon the county treasurer payable out of the general fund of the 



State of Washington 


299 


district and in favor of the retirement fund of the district, for the total amount 
of deductions made during the preceding six months, which warrant shall be 
presented to the county treasurer, who shall transfer the amount of such war¬ 
rant from the general fund of the district to the retirement fund. Every mem¬ 
ber of the fund holding office or being employed as state or county superin¬ 
tendent of schools, or as deputy or assistant thereof, and every member of the 
fund granted a leave of absence for professional preparation, by the board of 
directors, may on or before the fifth day of November and May, respectively, 
of each year, pay to the county treasurer, for the benefit of the fund, a like 
amount as is hereinabove required to be deducted from the salary of a member 
employed by the district, and take the treasurer’s receipt therefor. (L. ’17,' p. 
749, sec. 10; R. C. S., sec. 5004; P. C., sec. 4434.) 

Cross-references: The school year defined, secs. 245 and 246 ; fiscal year for school 
districts defined, sec. 837. 

691. Credits for services and contributions 

It shall be the duty of the secretary of the district, at the time of issuing 
the transfer warrants hereinabove provided for, to certify to the secretary of 
the fund the names of the teachers assessed and respective number of months 
of serving since the last certificate, and the respective amounts deducted from 
the salary of each. Upon receiving such certificate, it shall be the duty of the 
secretary of the fund to credit the members with the respective months of 
service and respective amounts contributed by each, in the proper columns of 
the membership register after their respective names. Each member of the 
fund not employed by the district or granted leave of absence for professional 
preparation by the board of directors, may on or before the tenth day of Novem¬ 
ber, and on or before the tenth day of May of each year present his receipt 
from the county treasurer for his payment for the benefit of the fund, to the 
secretary of the fund, together with a verified statement of the amount and 
character of services rendered during the preceding half year, and it shall be 
the duty of the secretary to credit such service and contribution to such member 
on the membership register and endorse such credit on the receipt and return it 
to the member: Provided, That credit shall not be allowed a member absent 
on leave for professional preparation in excess of two years of total absence on 
such leave, or in excess of one year of absence on such leave in any ten-year 
period of total service. (L. ’19, p. 416, sec. 2; R. C. S., sec. 5005; P. C., sec 4435.) 

692. Fiscal year 

The fiscal year of any retirement fund established under the provisions of 
this act shall begin on the first day of July in each year and end on the thirtieth 
day of June following, and it shall be the duty of the county treasurer, on or 
before the second Monday of July of each year, to certify to the board of trustees 
the balance of cash remaining in the fund at the close of the preceding fiscal 
year, and the face value of and the amount of interest accrued upon any securi¬ 
ties belonging to the fund, and it shall be the duty of the treasurer, from time to 
time, upon written request of the trustees, to certify the amount of cash re¬ 
maining in, and the face value of and the amount of interest accrued upon any 
securities belonging to the fund at any given date. (L. ’17, p. 751, sec. 12; R. 
C. S., sec. 5006; P. C., sec. 4436.) 

693. Annual estimate 

It shall be the duty of the board of trustees, at its regular meeting in July 
of each year, to make an estimate of the total receipts of the fund for the cur¬ 
rent fiscal year, including membership dues, interest earned on securities be¬ 
longing to the fund, and contributions transferred from other retirement funds 
in the state, and an estimate of the total disbursements from the fund during 
the current fiscal year, including retirement annuities, disability annuities, the 
secretary’s salary, refunds to discharged members, payments to beneficiaries of 
deceased members, and contributions transferred to other retirement funds in 
this state. (L. ’17, p. 751, sec. 13; R. C. S., sec. 5007; P. C., sec. 4437.) 





300 


Code of Public Instruction 


694. Investment of excess moneys 

If at any time it shall appear, to the board of trustees, that the balance of 
cash remaining in the fund, together with the estimated receipts for the re¬ 
mainder of the fiscal year, will exceed the estimated disbursements for the re¬ 
mainder of the year, in the sum of one thousand dollars ($1,000.00) or more, it 
shall be the duty of the board of trustees to invest such excess in such bonds as 
are by law authorized for the investment of the permanent school funds of the 
state, and in such investment to give preference to school district bonds regularly 
created and issued. Upon such investment being authorized by the board of 
trustees, the secretary of the board shall draw a warrant on the fund for the 
amount so invested, and the bonds so purchased shall be deposited with the 
county treasurer whose duty it shall be to collect all interest payments falling 
due thereon, and the principal at maturity, and to credit the amounts so col¬ 
lected to the retirement fund. If at any time it shall appear to the board of 
trustees, that the cash remaining in the fund together with the estimated re¬ 
ceipts for the remainder of the fiscal year will not meet the estimated disburse¬ 
ments as they shall fall due, it shall X>e the duty of the board to sell so many 
of the bonds belonging to the fund as will produce cash sufficient for that pur¬ 
pose. (L. ’17, p. 752, sec. 14; R. C. S., sec. 5008; P. C., sec. 4438.) 

695. Credits for re-entries and transfers 

Any member who leaves the employment of the district in which a retire¬ 
ment fund has been established under the provision of this act, and subse¬ 
quently re-enters the employment of such district, shall be entitled to credit for 
contributions previously made, and, upon satisfactory proof, to credits for such 
service in teaching as has been rendered in the interim, and any member who 
leaves the employment of such district and enters the employment of another 
district in this state in which a retirement fund has been or shall be established 
under the provisions of this act, shall be entitled to have the amount such mem¬ 
ber has contributed to the fund of the first district, but without interest thereon, 
transferred to, and shall be given credit therefor in the fund of the second dis¬ 
trict, and shall be entitled to have not more than three years of service in the 
first district credited as service in the second district in case the member shall 
apply for an annuity from the fund of the second district under the provisions 
of this act: Provided, That such transferred service shall not reduce the total 
amount of service required, or the amount of service required in this state. (L. 
T9, p. 417, sec. 3; R. C. S., sec. 5009; P. C., sec. 4439.) 

Cross-reference: Transfer of credits from state retirement fund, sec. 349. 

696. Retirement annuities 

Any member of the fund who shall have been a teacher for a period of, or 
periods aggregating thirty years, embracing not less than two hundred and 
forty months of service, fifteen years of which service shall have been in the 
public schools of this state, and twelve years of which service shall have been in 
the district where such person is a member, shall be entitled, upon and during 
retirement from service in the public schools to receive a retirement annuity of 
four hundred and eighty dollars ($480.00): Provided, That any member of the 
fund who shall have been a teacher for a period of or periods aggregating 
thirty-five years, embracing not less than two hundred and eighty months of 
service, fifteen years of which shall have been in the public schools of this state, 
and who is employed as a teacher in the district at the time the fund is estab¬ 
lished, shall be entitled upon and during retirement from service in the public 
schools to receive an annuity of four hundred and eighty dollars ($480.00): And 
provided further, That no retirement annuity shall be credited or paid until the 
expiration of one year from the date of the establishment of the fund: And 
provided further, That in case the credit for membership dues of any member, 
at the date of retirement, shall be less than the sum of seven hundred and 
twenty dollars ($720.00), and thereafter shall be paid such annuity, unless the 
member shall elect to pay into such fund the necessary amount to make up the 
total credit of seven hundred and twenty dollars ($720.00), in which case the 
annuity shall be paid to the member. (L. T9, p. 417, sec. 4; R. C. S., sec. 5010- 
P. C., sec. 4440.) 




State of Washington 


301 


Cross-references: Payment of annuities to members transferi’ed from state fund, 
sec. 348; transfer of payments to state retirement fund, sec. 349. 

1. If the teacher complies with all of the provisions of the act and after 
retiring suspends her annuities and teaches again, she may again draw annuities 
when she retires the second time. (Atty. Gen. Ops., 1919-20, p. 264.) 

2. A teacher who was a member of the fund prior to the amendment of this 
section in 1919, and retired after thirty-five years of service, would have to make 
payments or receive credits up to $720.00 before she could draw any annuity subse¬ 
quent to the passage of the 1919 amendment. Any annuity due at the time the 1919 
amendment went into effect would be due the teacher whether she had made payments 
up to $720.00 or not as such annuity would be a vested property right which could 
not be divested by giving a retroactive construction to the amendment. (Atty. Gen. 
Ops., 1919-20, p. 264.) 

3. A teacher employed in the women’s industrial home and clinic is not in 
service in the public schools as contemplated by this section, and would not forfeit the 
annuity to which she is entitled upon her retirement from service in the public schools. 
(Atty. Gen. Ops., 1919-20, p. 303.) 

697. Disability annuity 

Any member of the fund who shall have been a teacher for a period of, 
or periods aggregating ten years, embracing not less than eighty months of 
service, eight years of which service shall have been in the public schools of this 
state, and six years of such service shall have been in the district where such 
person is a member, shall be entitled, upon retiring from service in the public 
schools and proving to the satisfaction of the board of trustees that he or she 
has become incapacitated for service in the public schools, to receive a dis¬ 
ability annuity of such part of four hundred and eighty dollars ($480.00) as the 
number of years of total service of such member is a part of thirty, for a period 
not to exceed two years, and any member of a fund who shall have been a 
teacher for a period of, or periods aggregating, twenty years, embracing not less 
than one hundred and sixty months of service, twelve years of which service 
shall have been in the public schools of this state, and ten years of such service 
shall have been in the district where such person is a member, shall be entitled, 
upon retiring from service in the public schools and proving to the satisfaction 
of the board of trustees that he or she has become incapacitated for service in 
the public schools, to receive a disability annuity of such part of four hundred 
and eighty dollars ($480.00) as the number of years of total service of such mem¬ 
ber is a part of thirty, so long as such member is incapacitated for service: Pro¬ 
vided, That no disability annuity shall be paid for less than three months’ in¬ 
capacity, nor shall accrue until any sick benefit allowed by the district shall 
have ceased: And provided further, That no such disability annuity shall be 
paid until the expiration of one year from the date of the establishment of the 
fund. (L. T7, p. 754, sec. 17; R. C. S., sec. 5011; P. C., sec. 4441.) 

1. A teacher with a credit of twenty-eight years of service, who has paid into 
the fund the sum of $60.00, is entitled to draw twenty-eight thirtieths of $480.00 a 
year, provided she otherwise comes within the terms of this section, and there is no 
requirement for the prepayment of any amount into the retirement fund before a 
member is entitled to such annuity. (Atty. Gen. Ops., 1921-22, p. 242.) 

698. Payment of annuities 

All retirement annuities shall be credited or paid in quarterly installments 
on the third Monday of October, January, April and July, for the quarters end¬ 
ing on the first day of said months and shall accrue from the first day of the 
month next following the date of their allowance: Provided, The annuitant 
shall have retired from service on that date, otherwise from the first day of the 
month next following the date of retirement. All disability annuities shall be 
paid on the first day of the month next following the date of allowance for the 
amount accrued to that date, and thereafter in monthly installments on the 
first day of the month for the amount accruing for the previous month. (L. T7, 
p. 754, sec. 18; R. C. S., sec. 5012; P. C., sec. 4442.) 

699. Pro rata payments 

In case there shall not at any time be sufficient funds to the credit of the 
retirement fund to pay annuities in full as they shall fall due they shall be paid 
pro-rata. Annuities granted under the provisions of this act shall not be subject 
to attachment, garnishment or seizure by execution in the hands of the board 



302 


Code of Public Instruction 


of trustees or the county treasurer, and such annuities shall not be subject to 
sale, assignment, pledge, mortgage or other alienation. (L. ’17, p. 755, sec. 19; 
R. C. S., sec. 5013; P. C., sec. 4443.) 

700. Discharged members repaid dues 

Any member of the fund who shall be discharged from the employment of 
the district where such person is a member, or who is refused further employ¬ 
ment in the district where such person is a member, before such member is 
entitled to a retirement annuity, shall be entitled to be paid back, out of such 
fund, the amount such member has paid into such fund as membership dues, 
but without interest thereon, less such sum or sums as have been paid to such 
member as disability annuities. (L. ’17, p. 755, sec. 20; R. C. S., sec. 5014; P. C., 
sec. 4444.) 

701. Payments in case of death 

In case of the death of any member before such member has been retired 
and granted a retirement annuity, the beneficiary or beneficiaries, designated 
upon a form provided for that purpose, signed by the member, witnessed by two 
witnesses and filed with the secretary of the board of trustees, or in case no 
beneficiary is designated, then the legatee or legatees, or heir or heirs, of the 
member, as the case may be, shall be entitled to be paid out of the fund a sum 
equal to one-half of the difference between the entire amount such deceased 

member has paid into the fund as membership dues, and the entire amount 

which has been paid to such deceased member as disability annuities. And in 
case of the death of any member after such member has been retired and granted 
a retirement annuity, such beneficiary or beneficiaries, legatee or legatees, heir 
or heirs, as the case may be, shall be entitled to be paid out of the fund a sum 
equal to one-half of the difference between the entire amount such deceased 

member has paid into the fund as membership dues, and the entire amount 

which has been paid to such deceased member as and for disability and retire¬ 
ment annuities. (L. ’17, p. 755, sec. 21; R. C. S., sec. 5015; P. C., sec. 4445.) 

702. Verified claims 

All original claims for retirement annuities, disability annuities, refunds 
to discharged members, transfers to the retirement funds of other districts, and 
payments to beneficiaries, legatees or heirs of deceased members, shall be 
made in writing on forms to be furnished for that purpose, verified under oath 
by the claimant, and filed with the secretary of the fund, and shall be supported 
by such proof, by affidavit or otherwise, of the facts upon which the claim is 
based, as may be required by the rules and regulations adopted by the board 
of trustees. Upon the filing of any claim the secretary shall set the same down 
for hearing before the board of trustees at the next ensuing regular meeting of 
the board, or at a special meeting called for that purpose in case the board shall 
determine that an emergency exists, and notify the claimant of the date of the 
hearing, and shall, at such hearing, certify to the board the facts with reference 
to the years and months of service, of membership dues paid by, and previous 
payments made to, the member upon whose record the claim is based, as shown 
by the records in the office of the secretary. (L. ’17, p. 756, sec. 22; R. C. S., 
sec. 5016; P. C., sec. 4446.) 

703. Allowance or rejection 

If at the hearing it shall appear to the board that the claim is based upon 
sufficient facts, but is not in proper form or the requisite proof is not offered, 
the hearing may be adjourned for such reasonable time as the board may de¬ 
termine. The final action of the board in allowing or rejecting any claim shall 
be by resolution of a majority of the members of the board and entered on the 
minutes, and in case the claim is allowed, the secretary at the expiration of ten 
days from the date of allowance, if no appeal is taken, shall draw the necessary 
warrant on the county treasurer payable out of the retirement fund, deliver the 
same to the claimant and take a receipt therefor, and enter the payment on the 
membership register. All subsequent payments of annuities shall be authorized 
by resolution of the board entered on the minutes, upon proper vouchers signed 


303 


State of Washington 


and verified by the annuitant as may be required by the rules adopted by the 
board, and the secretary shall draw the necessary warrant therefor at the ex¬ 
piration of five days from the date of authorization, if no appeal is taken, and 
deliver the same to the annuitant. All warrants issued by authority of the 
board of trustees shall be entered in a warrant register to be kept by the secre¬ 
tary, specifying the date, number, amount and name of the payee thereof, and 
the secretary shall on or before the fifth day of each month transmit certified 
copies of such warrant register from the preceding month to the county treas¬ 
urer and the county auditor, respectively. (L. ’17, p. 756, sec. 23; R. C. S.„ 
sec. 5017; P. C., sec 4447.) 

704. Appeals to superior court 

Any claimant feeling aggrieved by the action of the board in rejecting any 
claim, or any annuitant aggrieved by the action of the board in discontinuing 
the payment of any annuity, or any five members aggrieved by the action "of the 
board in allowing any claim or continuing the payment of any annuity allowed, 
may, within ten days from the date of such action appeal therefrom to the 
superior court of the county in which the fund is established, by filing with the 
the secretary a notice of appeal in writing, signed by the appellants and giving 
a bond to the fund, with sufficient security to be approved by the secretary, in 
the sum of fifty dollars ($50.00), conditioned to pay all costs which may be ad¬ 
judged against the appellants in the superior court, and in case the appeal is 
taken by members, a copy of the notice of appeal shall be served upon the 
claimant or annuitant as the case may be. Upon the taking of an appeal, the 
secretary shall certify to the clerk of the superior court all papers and docu¬ 
ments filed in the matter of the claim, together with a transcript of the record 
of the action of the board thereon, the notice of appeal and the appeal bond, and 
the matter shall be set down for hearing de novo before the court without a 
jury and heard in the manner provided by law for setting and hearing appeals 
from justices of the peace, except as hereinabove provided. Appeals from the 
decisions of the superior court may be taken to the supreme court of this state 
in the manner provided by law for taking appeals in equity cases. (L. ’17, p. 
757, sec. 24; R. C. S., sec. 5018; P. C., sec. 4448.) 

705. Partial invalidity 

If any part of this act shall be adjudged to be invalid or unconstitutional, 
such adjudication or [of] invalidity or unconstitutionality shall not affect the 
validity or constitutionality of the act as a whole, or of any part thereof not 
adjudged invalid or unconstitutional. (L. ’17, p. 758, sec. 25; R. C. S., sec. 5019; 
P. C., sec. 4449.) 

706. Payment of deficiencies by district—Levy 

If at the time of making the annual estimate of receipts and disbursements, 
as provided in section 693, it shall appear that the total estimated receipts for 
the current fiscal year together with the total assets of the fund at the close of 
the preceding fiscal year, will be insufficient to meet the total estimated dis¬ 
bursements for the current fiscal year, it shall be the duty of the secretary of 
the board of trustees to certify the amount of such deficiency to the board of 
directors on or before the third Monday in July, and it shall be the duty of the 
board of directors to report to the board of county commissioners the amount 
required to make up such deficiency with the annual estimate of the amount 
required for the support of the schools of the district and the board of county 
commissioners shall include such amount in the general tax levy for the district, 
and the same shall be collected as other taxes and when collected shall be 
credited to the teachers’ retirement fund of the district: Provided . however. 
That the amount of such levy for the benefit of any retirement fund shall not 
in any year exceed a sum equal to the total amount contributed to the fund by 
its members during the preceding fiscal year. (L. ’19, p. 418, sec. 5; R. C. S., 
sec. 5020; P. C., sec. 4449a.) 

Cross-references: Tax levies in districts of the first class, secs. 664 and 665 : 
budgets of such districts, secs. 822-832. 

1. A law proposing to use part of the current school fund for the teachers, 
retirement fund would be unconstitutional. (Atty. Gen. Ops., 1911-12, p. 6.) 






304 


Code of Public Instruction 


ARTICLE III—ELECTIONS IN DISTRICTS OF THE FIRST CLASS 

707. Date—notices. 

708. Hours of voting—ballots or voting machines. 

709. Precinct and election officers. 

710. Qualifications of voters. 

711. Registration books to be furnished. 

712. Canvass of returns—certificate of election. 

713. Who must register. 

714. Compensation of election boards. 

715. Registration only once in year. 

716. For false swearing. 

717. Elector may transfer registration. 

718. Challenges. 

719. Distribution and return of registration books. 

Cross-references: Election of county and district officers, Const., art. 6, sec. 8; 
legislature to provide for election of district officers and fix their terms of office, Const., 
art. 11, sec. 5 ; school district elections, in general, sec. 515 et seq.; elections in class 
A counties and counties of the first class, sec. 531 et seq.; in counties other than class 
A counties and counties of the first class in a port district containing a school district 
of the first class, sec. 543 et seq.; authorization by vote required for provision of free 
textbooks and supplies, sec. 661, subd. 10; for sale of property of greater value than 
two thousand dollars, sec. 663 ; for special tax levies and erection of buildings, secs. 
664 and 665. 

707. Date—notices 

The regular district election in each district of the first class shall be held 
upon the first Tuesday of December in each year. The board of directors shall 
cause written or printed notices to be posted, specifying the day and place of 
such election, and the time during which the ballot box will be kept open. Said 
notices shall be posted in at least one place in each ward in the district at least 
twenty days previous to the time of election. Said notices shall also be published 
three times in two daily papers published in the district, and if there be no daily 
or dailies, then in the weekly paper or papers in three regular issues next pre¬ 
ceding the day of such election. If the board of directors fail to give notice at 
such time, as herein provided, then any five legal voters residing in the district 
may give such notice over their own title for such election. (L. T9, p. 218, sec. 
14; R. C. S., sec. 5031; P. C., sec. 5171.) 

Cross-reference: Notice of election for authorization of special tax levy, sec. 665. 

1. The provision of const., art. 8, sec. 6, that no school district shall become in¬ 
debted to an amount exceeding one and one-half per centum of the taxable property 
in such school district without the assent of three-fifths of the voters therein voting 
at an election to be held for that purpose, is self-executing and sufficient, without 
further legislative sanction, to authorize the voters to give or withhold assent to the 
incurring of indebtedness, in view of the fact that the legislature has made provision 
for the organization of school districts and the holding of general and special elections 
therein. Holmes & Bull Furniture Co. v. Hedges , 13 Wash. 696. 

2. Elections for the purpose of authorizing an increase of the debt limit of school 
districts may properly be held under the general provisions of law concerning the hold¬ 
ing of annual and special school elections. Id. 

3. The provision of this section is directory, and is not mandatory, and a bond 
election will not be invalidated because notice was published only two days instead 
of three days where authorization of the bond issue was discussed at public meetings 
held in several school buildings of the district, in meetings of civic organizations and 
in several editions of three dailies having a large circulation among the electors 
of the district and where it appears that the voters had ample notice from the publicity 
given and that the result of the election was not affected by insufficient notice : Lee 
v. Bellingham School District No. SOI, 107 Wash. 4 82. 

4. In districts of the first class notice of election for consolidation of districts 
must be posted twenty days before the election. (Atty. Gen., Feb. 7, 1916.) See, how¬ 
ever, sec. 540, enacted since this opinion was rendered, prescribing the period of notice 
of election in class A counties and counties of the first class. 

708. Hours of voting—ballots or voting machines 

At all elections official ballots or voting machines shall be used to record the 
votes of the electors, and the polls shall be opened at eight o’clock a. m. and be 
closed at eight o’clock p. m. The official ballot shall be printed and furnished by 
the board of directors and shall contain the names of all candidates whose names 
have been presented by petitions signed by at least fifty registered voters filed 
with the secretary of the board not less than ten days before the day of election. 







State of Washington 


305 


The names of no other candidates shall appear upon said official ballots, nor upon 
the voting machines and no other ballots shall be received or counted. (L. '19, p. 
218, sec. 15; R. C. S., sec. 5032; P. C., sec. 5172.) 

Cross-reference: Voting machines, secs. 548-549. 

1. The successful candidate having received six hundred and fifty votes as against 
two hundred and eighty for the defeated candidate, the latter must allege and prove, 
in order to overthrow the election, that had the polls been kept open until 8 p. m. 
the result would have been different: State ex rel. Bailey v. Smith, 4 Wash. 661. 

2. Notice of election of a district of the first class for submitting the question of 
authorizing an increase in the tax levy is invalid if it provides that the polls will be 
open at one o’clock p. m. and closed at eight o’clock p. m., and an election thereunder 
would be unauthorized. (Atty. Gen., Sept. 30, 1919.) 

3. The word “petition,” as used in sec. 708, is not defined by law, and should 
therefore be understood in its ordinary sense, carrying with it no peculiar character¬ 
istics, either as to form or subscribers. (Atty. Gen., Nov. 13, 1914.) 


700. Precinct and election officers 

It shall be the duty of the board of directors to divide the district into 
suitable voting precincts the boundaries of which shall follow city and county 
precinct lines wherever practicable and to provide in each voting precinct a 
voting place, provided the number of voting precincts shall not be greater than 
the number of county voting precincts in such district. The board shall also ap¬ 
point two judges and one clerk for each voting place. Both judges and clerk 
shall be qualified electors in the precinct for which they are appointed. Should 
any judge or clerk be absent at the time for opening the polls, the electors pres¬ 
ent shall appoint a legal voter to fill such vacancy. In case voting machines 
shall be used an inspector shall be appointed in place of the clerk, whose duties 
shall also include those of clerk. (L. T9, p. 219, sec. 16; R. C. S., sec. 5033; 
P. C., sec. 5173.) 

Cross-references: County election boards to provide polling places in class A 
counties and counties of the first class, sec. 535 ; in counties other than class A counties 
and counties of the first class in port districts containing a school district of the first 
class, sec. 543 ; voting machines, secs. 548-549. 


710. Qualifications of voters 

The qualification of electors shall be the same as at a general state or 
county election. Only those electors residing within the district shall be en¬ 
titled to vote and an elector may vote only at the polling place designated by the 
board of directors for the precinct in which the elector resides. (L. T9, p. 219, 
sec. 17; R. C. S., sec. 5034; P. C., sec. 5174.) 

Cross-reference: Qualifications of electors, Const., art. 6, sec. 1, Code Pub. Instr. 
sec. 525. 


711. Registration books to be furnished 

The city clerk, the county auditor or other municipal officer in whose 
custody the registration books of the general election are kept, shall furnish to 
the secretary of the board on the morning of the day of any school election, the 
registration books or a copy thereof, of said city and of all county precincts 
lying outside the limits of the city but being wholly or partly within the district 
which said registration books shall be returned within two days after such elec¬ 
tion. (L. T9, p. 220, sec. 18; R. C. S., sec. 5035; P. C., sec. 5175.) 

Cross-reference: Secretary to deliver registration books to precinct clerk or in¬ 
spector, sec. 719. 


712. Canvass of returns—certificate of election 

The board of directors shall, upon closing the polls, receive the returns at 
the time and place it shall direct and shall, within five days from such election 
meet as a canvassing board and canvass the returns and ascertain the result. 
The result of said election shall be certified by the board of directors to the 
countv school superintendent, who shall preserve the certificate entering upon 
his record the receipt thereof, also the names of the person or persons elected 
as member of such board of directors for said district, together with the term 
for which elected. (L. T9, p. 220, sec. 19; R. C. S., sec. 5036; P. C., sec. 5176.) 
Cross-reference: County election board to canvass returns in class A counties and 

counties of the first class, sec. 536. . . „ . . ...... 

1. In a proceeding for an injunction to restrain the issuance of school district 
bonds, authorized at a special election for the purpose of erecting a high school build- 




306 


Code of Public Instruction 


ing, the final returns of the canvassing board, declaring the result, after canvassing 
the votes, regularly made and not impeached for fraud, nor attacked in any proceeding 
to obtain a review thereof, are final and conclusive on the courts as to the number of 
votes cast: Nichols v. School District, 39 Wash. 137. 

713. Who must register 

Every person residing in any portion of a school district of the first class, 
which lies without the limits of any incorporated city, who is not required to 
register to vote at a general election held therein shall not be entitled to vote 
at any school election, either general or special, to be held in any such district, 
of the first class unless he or she shall have previously complied with the re¬ 
quirements as to registration as in this act provided. (L. ’ll, p. 501, sec. 1; 
R. C. S., sec. 5037; P. C., sec. 5177.) 

714. Compensation of election boards 

The board of directors of each district in the state shall be authorized to 
employ judges and clerks or inspectors of election and to provide all funds and 
supplies necessary for carrying put the provisions of this act. (L. ’19, p. 220, 
sec. 20; R. C. S., sec. 5038; P. C., sec. 5179.) 

Cross-references: Employment of election officials and expenses of elections in 
class A counties and counties of the first class, sec. 535 ; in counties other than class A 
counties and counties of the first class in port districts containing a school district of 
the first class, sec. 545. 

1. The compensation of election officers of a district of the first class is to be 
fixed by the directors of the district. (Atty. Gen. Ops., 1919-20, p. 202.) But see 
secs. 535 and 545 relating to compensation of election officers where elections of school 
districts are consolidated with elections of other political subdivisions. 

715. Registration only once in year 

Registration shall not be required more than once in each year. All per¬ 
sons who are duly qualified electors under the provisions of this act, who reside 
in any portion of a school district of the first class outside of the limits of 
any incorporated city and who are not required to register to vote at a general 
election shall be entitled to registration on application to the secretary of the 
board of directors of the district in which they reside: Provided, Such elector 
shall have been a resident of the state for one year, of the county ninety days, 
and of the voting precinct thirty days prior to the next general or special 
election to be held in such district. No person shall vote at any such election 
except in the precinct where he or she has resided for the length of time above 
specified. (L. ’ll, p. 501, sec. 2; R. C. S., sec. 5039; P. C., sec. 5182.) 

Cross-reference: Qualifications of electors, in general, Const., art. 6, sec. 1; Code 
Pub. Ins., sec. 525. 

1. A residence of ninety days in the county for electors of districts of the first 
class is required, but no such requirement is made for electors in other districts. 
(Atty. Gen., Apr. 22. 1918.) 

716. For false swearing 

If any person shall falsely swear or affirm in taking the oath or making 
the affirmation herein prescribed when being registered for voting in a school 
district of the first class, or shall falsely personate another and procure the 
person so personated to be registered, or if any person shall represent his 
name to the secretary or officer of registration to be different .from what it 
actually is, and cause such name to be registered, or if any person shall cause 
any name to be placed upon the register list otherwise than in the manner 
provided in this act, he or she shall be guilty of a felony, and upon conviction 
be punished by confinement in the penitentiary not more than five nor less 
than one year. (L. ’09, p. 362, sec. 17; R. C. S., sec. 5060; P. C., sec. 5205a.) 

Cross-reference: Penalty for false swearing in event of challenge, sec. 718. 

717. Elector may transfer registration 

If any elector shall during the year for which he or she may be registered 
change his or her place of residence from the precinct in which he or she is 
registered to any other precinct in said district, outside the corporate limits 
of such city, he or she shall apply to the secretary of the board to have said 
removal noted. The secretary shall run a red ink line across the name in 
the precinct book in which said applicant shall be registered, and likewise note 



State of Washington 


307 


said removal in the column headed “Remarks” in said book and thereupon 
the secretary shall enter the name and register the elector in the registration 
book of the precinct to which he or she has removed. (L. ’ll, p. 502, sec. 4; 
R. C. S., sec. 5040; P. C., sec. 5187.) 

718. Challenges 

If any person duly registered is challenged, it shall be the duty of the 
judges of election to examine the challenger and any witnesses that may be 
produced on oath, touching the right of such elector to vote; the judges shall 
then, unless they dismiss said challenge, examine the proposed elector on oath, 
and if it appears that said elector is entitled to vote at said election his or her 
vote shall be received, otherwise rejected. Any person swearing falsely before 
any judge of election on the hearing of any such challenge, shall be deemed 
guilty of perjury, and shall be subjected to the pains and penalties of perjurv. 
(L. ’19, p. 221, sec. 21; R. C. S., sec. 5041; P. C., sec. 5188.) 

Cross-reference: Penalty for false swearing upon registration, see. 716. 

719. Distribution and return of registration books 

On the morning of any general or special school election, the secretary of 
the board shall deliver to the clerk or inspector of each voting precinct within 
his district the original book, or books of registration furnished to such secre¬ 
tary by the proper registration officers, covering the precinct or precincts for 
which such clerk or inspector was appointed. Each clerk or inspector of election 
shall return the books of registration entrusted to him, to the secretary of the 
board at the time of the delivery of the ballots cast in the precinct at such 
election, and it shall be unlawful for any clerk, inspector or any judge of elec¬ 
tion to cause or allow any marks or alterations to be made in said books while 
the same are in his possession, other than a proper check mark when a ballot 
is cast to indicate the party voting. (L. ’19, p. 221, sec. 22; R. C. S., sec. 5042; 
P. C., sec. 5189.) 

CHAPTER 5—SCHOOL DISTRICTS OF THE SECOND CLASS 
ARTICLE I—DEFINITION, OFFICERS AND REGULATIONS 

720. School districts of the second class defined. 

721. Election of directors. 

722. Election the first Saturday of March. 

723. How vacancies are filled. 

724. Shall take oath of office. 

725. When the board must organize. 

726. Regular and special meetings of the board. 

727. Shall buy books, apparatus, etc. 

728. Shall direct commissioners to levy taxes. 

729. School buildings and sites. 

730. Shall elect teachers, when. 

731. Shall elect superintendent or principal. 

732. Minimum term six months. 

Cross-references: Directors of districts of the second class maintaining part-time 
schools to keep record of employment permits, secs. 275 and 277 ; directors to appoint 
attendance officers, sec. 356 ; two or more contiguous or adjacent districts of the second 
and third classes may form a union high school district or consolidated district, sec. 
463 ; school districts of the first class, sec. 645 et seq. ; of the third class, sec. 733 
et seq. ; county auditor to issue warrants, sec. 845. 

720. School districts of the second class defined 

Any school district in this state containing a city of the third class or of 
the fourth class, or containing a city having the population requisite for a city 
of the third class [i. e., less than 10,000], or of the fourth class [i. e., 250 to in¬ 
corporate], as shown by any regular or special census, shall be a school district 
of the second class. (L. ’09, p. 264, sec. 3; R. C. S., sec. 4696; P. C., sec. 4900.) 

Cross-references: Definition of districts of the first class, sec. 645; of the third 
class, sec. 733. 

1. Consolidated districts are classified in the same manner as single school dis¬ 
tricts. (Atty. Gen. Ops., 1911-12, p. 216.) 



308 


Code of Public Instruction 


2. A school district of the second class containing a city which becomes a city 
of the second class does not automatically become a school district of the first class, 
but is a potential district of the first class, with power to organize as such. (Atty. 
Gen. Ops., 1913-14, p. 324.) 

3. The regular census mentioned in this section refers to the federal census and 
the term “special census” refers to enumeration made pursuant to laws relating to the 
incorporation of municipal incorporations and the advancement of towns and cities of 
the third and second classes to cities of a higher class. (Atty. Gen., July 21, 1919.) 

4. If a village within a particular district has a population of over three 
hundred within an area of one square mile, as shown by the last federal census or by 
a special census, it is entitled to classification as a second class district. (Atty. Gen., 
July 21, 1919.) 

5. While there is no designated procedure for reclassifying school districts, in 
view of the general powers of the county superintendent, and in view also of sec. 4 62 
providing for the designation of districts, the change in classification is made by the 
county superintendent upon proper proof being presented to him, showing that a 
different classification should be made. He should make an order in conformity with 
his findings, and alter his records accordingly. The district board may then organize 
pursuant to such order, and proceed under the new classification. (Atty. Gen., Sept. 
20, 1922.) 

721. Election of directors 

Directors of school districts of the second class shall consist of three 
members. They shall be elected by ballot by the qualified electors of the 
district, and shall hold their office for a term of three years and until their 
successors are elected and qualified. In case vacancies are to be filled and a 
successor or successors to be elected to fill an unexpired term or terms, the 
ballot shall specify the term for which each director is to be elected. (L. ’09, 
p. 297, sec. 1; R. C. S., sec. 4811; P. C., sec. 5015.) 

Cross-references: Elections of county and district officers, Const., art. 6, sec. S ; 
legislature to provide for election of district officers and fix their terms of office, Const., 
art. 11, sec. 5; method of filling vacancies until next election, sec. 440, subd. 13; 
school district elections in general, sec. 515 et seq. ; elections in class A counties and 
counties of the first class, sec. 531 et seq. ; in counties other than class A counties and 
counties of the first class in a port district containing a school district of the first 
class, sec. 543 et seq. ; change in board when district of the second class becomes 
district of the first class, sec. 646 ; boards of directors of consolidated districts, secs. 
484-486 ; of union high school districts, sec. 493 ; of joint districts, sec. 505. 

1. At the first resrular election in new districts of the second class other than con¬ 
solidated districts containing one incorporated city or town, three directors shall be 
elected for terms of one, two and three years respectively, and at each and every 
regular annual election one director shall be elected for a term of three years. (Atty. 
Gen. Ops., 1911-12, p. 216.) 

2. The provision of sec. 661, subd. 5, which limits the amount of attendance a 
school district may receive to 183 days, applies only to school districts of the first 
class, and does not affect a second class school district. (Supt. Pub. Instr., Mar. 
6, 1922.) 

722. Election the first Saturday of March 

The regular district election in each district of the second class shall be 
held on the first Saturday in March of each year, and such election shall be 
held in the manner provided in article 1, chapter 13, of this title. TCode Pub. 
Ins., secs. 521-527.] (L. ’09, p. 298, sec. 2; R. C. S., sec. 4812; P. C., sec. 5016.) 

Cross-references: Time of district elections prescribed, Const., art. 6, sec. 8; 
legislature to provide for election of district officers and fix their terms of office, 
Const., art. 11, sec. 5 ; change of election date upon petition, sec. 521 ; date of election, 
in class A counties and counties of the first class, secs. 532 and 534 ; in counties other 
than class A counties and counties of the first class in a port district containing a 
school district of the first class, secs. 543 and. 544. 

1. A written contract duly entered into and signed on April 4, 1908, between a 
teacher and the board of directors, the term or terms of office of one or all of whom 
would naturally expire on March 30, 1908, would be legal and binding upon the school 
district if no director was elected at the regular election on March 7. 1908, or if 
elected failed to file oath of office on or before March 30, and if the county superin¬ 
tendent on April 4 appointed directors to fill the vacancies thus caused. (Atty. Gen. 
Ops., 1907-8, p. 491.) 

723. How vacancies are filled 

In case the electors of any district of the second class shall neglect or fail 
to elect directors as hereinbefore provided, the county superintendent may de¬ 
clare vacant the office of any director at the expiration of his term; and in 
case of a vacancy in the board of directors from any cause, the county superin¬ 
tendent, in conjunction with the other directors if there be two, shall fill such 



State of Washington 


309 


vacancy by appointment until the fourth Monday following the next annual 
election. (L. ’09, p. 298, sec. 3; R. C. S., sec. 4813; P. C., sec. 5017.) 

Cross-references: Causes of vacancies and general power of county superintendent 
to fill, sec. 440, subd. 13; causes of vacancies in general, sec. 580; filling of vacancies 
by election, sec. 721 ; failure to take and file oath creates vacancy, sec. 724. 

1. Where but one vacancy exists in a board of directors of a school district of 
the second class, the county superintendent and both remaining members of the board 
must concur in order to make the appointment. (Atty. Gen. Ops., 1913-14, p. 436.) 

2. Absence of a director from the district for more than ninety days, although 
caused by enlistment in the military services of the United States, vacates the office 
and it is the duty of the county superintendent to fill the vacancy. (Atty. Gen., Mar. 
27, 1919.) 

3. It is not necessary, in order to validate the resignation of a school director, to 
have such resignation acted upon at a meeting of the board of directors. (.Supt. Pub. 
Instr., May 1, 1915.) 

724. Shall take oath of office 

All persons elected as members of the board of directors of districts of 
the second class shall, within ten days thereafter, appear before an officer 
authorized to administer oaths, take and subscribe the usual oath of office and 
deliver the same to the county superintendent of schools, and in case any 
person elected shall fail so to do, his election shall be void and the office shall 
be deemed vacant. (L. ’09, p. 298, sec. 4; R. C. S., sec. 4814; P. C., sec. 5018.) 

Cross-references: County superintendent may administer oaths, sec. 440, subd. 9 ; 
county superintendent to require filing of oaths, sec. 441 ; oaths of officers of joint 
districts, sec. 506; oaths of directors attached to certificate of election, sec. 527 ; 
violation of oath ground for recall, sec. 563 ; district officers may administer oaths, 
sec. 579. 

1. It is necessary for directors to qualify according to law, whether they are 
appointed by the county superintendent or elected at the annual school election. 
(Supt. Pub. Instr., May 20, 1920.) 


725. When the board must organize 


The term of office of directors of districts of the second class shall begin 
on the fourth Monday next succeeding their election, on which day the directors 
shall meet at the hour of two o’clock p. m., and shall at once organize by 
electing one of their members as chairman of the board. They shall also elect 
a person to act as clerk who may or may not be a member of the board of 
directors. The chairman and clerk shall both immediately enter upon the 
discharge of their duties and shall serve for a period of one year; Provided, 
That if any such clerk shall fail to discharge his duties in accordance with law, 
the board of directors may, at any time, remove such clerk and elect another 
person to fill the unexpired term. (L. ’09, p. 298, sec. 5; R. C. S., sec. 4815; P. 
C., sec. 5019.) 


Cross-references: Terms of directors in class A counties and counties of the first 
class begin on the first Monday in June following election, sec. 534 ; terms in counties 
other than class A counties and counties of the first class in a port district containing 
a school district of the first class begin on the first Monday in January following 
election, sec. 544 ; powers and duties of directors, sec. 582 et seq. ; powers and duties 
of clerks, sec. 586 et seq.-, clerk to notify county superintendent of change in organiza- 

tion of board, sec. 586. „ A ^ _. „ . , 

1 On an appeal from a judgment ousting the appellant from the office of school 
clerk, he is entitled to file a bond staying proceedings pending the appeal and it is the 
duty of the trial judge to order and fix the amount thereof: State v. Sachs, 3 Wash. 96. 

2 A person emploved as a teacher is ineligible to the office of clerk of the 
district in which he is employed, and a person occupying the office of clerk who accepts 
employment as teacher thereby vacates the office of clerk. (Atty. Gen. Ops., 1901-2, 


3 Neither a county superintendent nor his deputy can hold the office of school 
clerk,’ and upon accepting the office of district clerk thereby vacates the office of 
superintendent or deputy, or vice versa. (Atty. Gen. Ops.. 1901-2, p. 256.) 

4 One person may serve as clerk of a school district and prosecuting attorney 

and receive salary for both offices. (Atty. Gen., Feb. 27, 1914.) .... , . 

5 The office of chief deputy county auditor and the office of clerk of a school 
district of the second class are incompatible and one person cannot legally hold both 
positions. (Atty. Gen., Apr. 8, 1919.) 


726. Regular and special meetings of the board 

The regular meetings of the board of directors shall occur on the first 
Friday of each month, and they may hold such other special or adjourned 
meetings as they may from time to time determine, or as may be specified in 



310 


Code of Public Instruction 


their by-laws. Special meetings may he called by the chairman or by any two 
members of the board. (L. ’09, p. 299, sec. 6; R. C. S., sec. 4816; P. C., sec. 5020.) 

Cross-reference: Clei'k to give notice of regular and special meetings of the board, 
sec. 587, subd. 6. 

1. The resolution providing for the calling of a school bond election may properly 
be passed at a special meeting of the board of directors. (Atty. Gen., Apr. 5, 1923.) 

727. Shall buy books, apparatus, etc. 

Every board of directors of districts of the second class, in addition to the 
powers and duties enumerated in article 4 [2], chapter 4, of this title [sec. 582 
et seq. ], shall have the power and it shall be their duty to provide and pay for 
such materials, supplies and libraries, as may be necessary for the schools, and 
to purchase such maps, charts and other apparatus as may be deemed necessary 
for the use of their schools. (L. ’09, p. 299, sec. 7; R. C. S., sec. 4817; P. C., 
sec. 5021.) 

Cross-references: Penalty for misconduct of school officers relative to purchase of 
books, maps, furniture and supplies, sec. 427 ; pecuniary interest of directors in pur¬ 
chase of supplies forbidden, secs. 427-584 ; union high school districts may purchase 
supplies and establish libraries, sec. 497 ; directors may provide supplies to be loaned 
to pupils, sec. 582, subd. 7 ; pecuniary interest of directors in purchase of supplies for¬ 
bidden, sec. 584. 

1. The manufacturer of school desks made for a school district according to 
special plans and specifications may recover the price of the desks if he has honestly 
and faithfully tried to comply with the specifications, and the desks comply sub¬ 
stantially with the contract: llarrild v. Spokane School District, 112 Wash. 266. 

2. Directors have power to subscribe to and pay for a school journal which 
publishes a regular department of news, legal and otherwise, of value to directors of 
school districts and may pay for such journal out of the current or general school 
funds of such districts. (Atty. Gen. Ops., 1905-6, p. 157.) 

3. While the purchase of supplies from an instructor is not directly prohibited by 
statute, the practice should be discouraged, for the reason that more or less of a 
fiduciary relationship exists between the board and an instructor, and therefore the 
whole transaction would be subject to the criticism that the board has been induced 
to purchase the supplies on the recommendation of the instructor. In case the board 
does purchase supplies from an instructor, the reason for such purchase should be 
clearly stated in the minutes of the board, so that all parties to the transaction may 
be protected. (Atty. Gen. Ops., 1911-12, p. 27.) 

4. Where an agent has solicited the purchase of supplies and secured a signed 
order from every member of the board separately, the district is not liable since the 
directors can bind the district only by a corporate meeting held as provided by law. 
(Atty. Gen. Ops., 1911-12, p. 385.) 

5. The directors may expend school funds to install a gymnasium, construct 
tennis courts, baseball grounds, swings, etc., and to buy material and supplies for 
such sports after obtaining approval by the supervisors of the plans involving such 
expenditures, as provided for in sec. 639. (Atty. Gen. Ops., 1915-16, p. 65.) 

6. School district directors have no authority to purchase supplies and groceries 
for teachers. (Atty. Gen. Ops., 1921-22, p. 180.) 

7. The directors of a district of the second class have no aiithority to furnish 
milk to pupils of the district. (Atty. Gen., Mar. 4, 1921.) 

8. School directors have, no authority to impose a charge upon pupils of the 
school to cover the cost of materials and supplies furnished by the district and used 
in connection with the class work of the school for the subjects of domestic science 
and home economics which have been made a part of the course of study prescribed 
by the state board of education, but it does not necessarily follow that school districts 
do not possess the power to require students themselves to furnish necessary materials 
or supplies to be used in these courses. (Atty. Gen., Nov. 10, 1921.) 

9. The directors of a school district have power to purchase an encyclopedia by 
the installment plan under contract whereby payments will extend over a period of 
two years, provided that the total purchase price will not cause the district to exceed 
the limit fixed by sec. 780. (Atty. Gen., Mar. 31, 1922.) 

10. The practice which is in vogue in the best organized districts of the second 
class and approved by this office, is to allow the superintendent authority for the 
purchase of current supplies up to a certain amount, either with or without the “O. K.” 
of the district clerk. The bills should then be audited and passed upon by the board 
at its regular sessions. (Supt. Pub. Instr., Oct. 10, 1914.) 

11. It is not necessary to have a vote of the people authorizing the purchase of a 
piano for a sehoolhouse, unless the purchase of the piano would cause the district to 
exceed the probable income of the district for the current year in violation of sec. 780. 
(Supt. Pub. Instr., Jan. 19, 1915.) 

12. A board of directors has no authority to purchase supplies for a school picnic 
with school funds. (Supt. Pub. Instr., July 3, 1919.) 

728. Shall direct commissioners to levj taxes 

The board of directors shall annually at a meeting preceding the annual 
tax levy for state and county purposes, report to the board of county commis¬ 
sioners an estimate in detail of the amount of funds which will be required 
by their district for all purposes for the ensuing year, and the county com- 




State of Washington 


311 


72S. Shall direct commissioners to levy taxes —Continued 

missioners are hereby authorized and required to levy and collect such amount, 
after deducting the estimated receipts from the state and county apportion¬ 
ment for said districts, said estimate to be furnished by the county superin¬ 
tendent of schools. The levy in any one year shall not exceed one (1) per 
cent of the assessed value of all the taxable property of the district: Provided, 
That when any greater expenditure in any one current school year shall be 
deemed necessary, the question shall be submitted to a vote of the electors 
of the district at the time and place and in the manner provided for calling 
special elections. The notice of such election shall specify the amount of taxes 
proposed to be raised in excess of the said one (1) per cent and if a majority 
of the electors voting thereon at said election shall be in favor of such addi¬ 
tional tax, the entire amount so authorized shall be levied and collected. No 
tax, however, shall exceed two (2) per cent of all the taxable property of said 
district. In case any board of directors shall fail to make and report the 
said estimate to the board of county commissioners on or before the first day 
of September, it shall be the duty of the county school superintendent to make 
such estimate, which will be accepted in lieu of the directors’ estimate. (L. ’09, 
p. 299, sec. 8; R. C. S., sec. 4818; P. C., sec. 5022.) 

Note : County taxes to be levied within five days after the first Monday in 
October annually, under county budget act, Laws 1923, p. 526, sec. 4. 

Cross-references: Additional one mill may be levied for vocational education, 
sec. 272 ; tax levy for public libraries, sec. 643 ; levy and distribution of district 
taxation, sec. 779; basis of assessment of taxing districts, sec. 781 et seq,; tax levy 
for payment of unextinguished validated indebtedness, sec. 796; for bond interest and 
sinking fund, sec. 804 ; similar section relating to districts of the third class, sec. 745. 

1. Mitchell, J., in Randall v. School District No. 2b, 119 Wash. 222, at p. 227: 
"It is peculiar in this case that the amount called for was not specific but was put 
upon the millage basis. It would produce an amount not known to the voter, except 
upon hearsay or a somewhat intricate examination of public records as to the equalized 
value of the property in the district, recently reduced in area by an order of the county 
superintendent of schools." 

2. Since the directors are required to certify an "estimate in detail” of the levy 
necessary, a certificate of a ten-mill levy “for school purposes” is insufficient to 
warrant a levy therefor: Id. 

3. A vote of the district authorizing levy of a tax for "school purposes” is 
insufficient to authorize the directors to erect a school building when the notices of 
election fail to show what, if any, building or buildings would be built: Id. 

4. Rem. Comp. Stat., secs. 11229, 11230 and 11234 (Pierce’s Code, secs. 7024, 
7025 and 7022), being a general law relating to the annual levy of taxes in school 
districts, yields to this section, being a special law relating to tax levies by school 
districts of the second class, and this section must govern in the levy of taxes in 
districts of the second class: Goodwin v. Carr, 78 Wash. 193. 

5. The provision of this section, requiring the board of directors to make an 
estimate to the county commissioners, who shall levy a school tax, is directory, in 
view of the provisions that, if the directors fail to make the report, the school super¬ 
intendent shall make the estimate; hence it is immaterial that the estimate was 
reported to the county assessor, where the county commissioners based the levy upon 
it: Id. 

6. It is competent for the legislature to provide that the amount of school tax 
shall be determined by the school board and to require that the ministerial act of 
making the levy be performed by the board of county commissioners: State ex rel. 
Evers v. Byrne, 32 Wash. 264. 

7. A majority vote in favor of a special tax for building purposes is not suf¬ 
ficient to authorize the directors to build a schoolhouse. The board must either at an 
election or at a special meeting submit the question to the voters of the district as to 
whether authority shall be given to build a new schoolhouse or schoolhouses. (Atty. 
Gen. Ops., 1899-1900, p. 67.) 

8. Money in the building fund derived from the proceeds of a levy for the purpose 
of building cannot legally be transferred to any other fund except that it can be 
applied to the bond interest fund to save the levying of so much bond interest tax. 
(Atty. Gen. Ops., 1905-6, p. 23.) 

9. The commissioners must levy in the manner required by sec. 804 an amount 
sufficient to create a sinking fund in addition to the amount required under this 
section without the question being submitted to the electors of the particular district. 
(Atty. Gen. Ops., 1911-12, p. 124.) 

10. The county commissioners have no authority to make a levy for school district 
purposes in excess of one per cent of the assessed valuation of all the taxable propeity 
of the district without the same having been authorized by a vote of the electors of 
the school district. (Atty. Gen. Ops., 1911-12, p. 124.) 

11. The county commissioners are authorized and required to levy and collect the 
amount necessary in addition to estimated receipts from other sources, and the amount 



312 


Code of Public Instruction 


728. Shall direct commissioners to levy taxes—Continued 

of taxes thus levied is, under the provision of sec. 3, ch. 230, Laws 1909, certified to 
the assessor on or before the tenth day of October in each year in the same manner 
as other taxes. (Atty. Gen. Ops., 1911-12, p. 127.) 

12. A school district which made a levy during the past year for a school 
building and will make a second levy for the same purpose during the present year, 
cannot contract indebtedness for such purpose in excess of the cash on hand and 
estimated receipts from other sources which may be used for building purposes after 
the levy has been made in the fall of the present year. The directors may contract 
an indebtedness to the full amount thereof for the purposes for which it was made, 
regardless of the fact that it will not be due and payable until February of the next 
year. (Atty. Gen. Ops., 1913-14, p. 264.) 

13. The three-mill levy provided for in sec. 796 for payment of validated indebt¬ 
edness may be in addition to a ten-mill levy for current expenses without calling for a 
special election as provided for in this section. (Atty. Gen. Ops., 1915-16, p. 146.) 

14. The county commissioners have no authority to reduce the amount of the 

estimate of the directors provided that the levy is within the statutory limitation. 

(Atty. Gen. Ops., 1915-16, p. 170.) 

15. The election provided for in this section should be held prior to the time the 
tax levy is made, and there is no provision for holding an election to validate a 
levy already made in excess of ten mills. (Atty. Gen. Ops., 1915-16, p. 252.) 

16. The right to levy taxes for building purposes necessarily carries with it 
the right to accumulate the proceeds from such tax levies in a building fund which 
cannot be used for other purposes. But any attempt to authorize by vote a levy for 
building purposes to be made over a period of several years, would be invalid. (Atty. 
Gen. Ops., 1915-16, p. 320.) 

17. The provision of sec. 255 for a levy on all non-high school districts is inde¬ 
pendent of the provisions of this section and in fixing the amount of the levy herein 

provided for it is not necessary to consider the amount of the non-high school district 
levy. (Atty. Gen. Ops., 1917-18, p. 370.) 

18. Bonuses to teachers, in addition to the salaries stipulated in their contracts, 
may be allowed from the proceeds of an additional tax voted by the electors, without 
the necessity of stating such purpose in the election notice. (Atty. Gen. Ops., 1919-20, 
p. 164.) 

19. No time is specified by sec. 521 for special elections and if a condition arises 
in April that makes it necessary for the board to know at that time whether a levy 
in excess of one per cent can be made, the election may be held, for although this 
section states that the board shall annually at a meeting preceding the annual levy 
make an estimate, it does not state that this estimate shall be made at the next 
preceding election to the annual levy in October. (Atty. Gen. Ops., 1919-20, p. 259.) 
See secs. 531 and 543, enacted after this opinion was rendered, providing that certain 
special elections shall be held on specified dates excepting as therein provided. 

20. In class A and first class counties a special tax levy cannot be authorized at 
a special meeting of the voters of a school district. Such authority can be given only 
by an election held on the first Tuesday after the first Monday in May. (Atty. Gen. 
Ops., 1921-22, p. 117.) See, however, sec. 532, enacted since this opinion was rendered, 
providing for special elections in cases of emergency. 

21. The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the estimated 
receipts from other sources. (Atty. Gen., Nov. 24, 1911.) 

22. There is nothing in this section to prevent the directors from making a new 
estimate when the first has been found excessive and nothing to prevent them from 
changing any particular item therein. (Atty. Gen., Feb. 8, 1915.) 

23. A levy in excess of the limit provided by law is void and may be disregarded 
by the assessor and treasurer. (Atty. Gen., Oct. 5, 1915.) 

24. A supplemental tax levy cannot be made by the county commissioners to 
raise additional revenues for a school district after the regular tax levy has been 
made and an amount equal to the certified and published estimate has been provided 
for. The district could incur a warrant indebtedness upon a vote of the electors 
authorizing the same, provided, of course, that the statutes with respect to the 
incurring of indebtedness in such a matter were fully complied with. (Atty. Gen.. 
Nov. 22, 1915.) 

25. Cash on hand at the time of the estimate of district expenditures which was 
not included in the estimate through oversight and delinquent taxes collected which 
were not included in the estimate may be used for any general school purpose, unless 
reserved for some specific purpose which has not been carried out as for instance the 
erection of a school building or the liquidation of certain indebtedness. (Attv. Gen., 
Jan. 14, 1916.) 

26. Whore the directors of a district of the second class have submitted an 
estimate of expenditures to the county commissioners, who have already certified the 
budget to the county assessor for a levy of ten mills, an additional levy of seven mills 
authorized now by vote of the district may be certified to the assessor by the com¬ 
missioners, and it is the duty of the auditor to extend the levy as so corrected upon 
the rolls. This conclusion is based upon the assumption that this additional levy will 
not cause the amount, to exceed the published estimate, as this limitation is one which 
the county commissionex-s have no pow’er to exceed. (Atty. Gen., Oct. 26, 1916.) 

27. A union high school district and its component school districts are treated 
in the statutes as separate entities for pui'poses of taxation and may levy an amount 
not to exceed the twenty-mill limit which is applicable to all school districts, without 
regard to the levy in any of the component districts. (Atty. Gen., Jan. 4, 1917.) 

28. If a school district of the second class has included in its estimate of expendi¬ 
tures an item for payment of outstanding warrants and warrant indebtedness and it 






State of Washington 


313 


728. Shall direct commissioners to levy taxes—Continued 

subsequently develops that the estimate made for maintenance for that year is insuf¬ 
ficient, the district may issue warrants for maintenance purposes up to the amount of 
the cui'rent revenues for the year during which such warrants are issued, although the 
aggregate of such warrants may exceed the amount of the estimate. (Atty. Gen., 
Feb. 15, 1917.) 

29. Unless the outstanding indebtedness of a district is evidenced by bonds for 
the redemption of which the county commissioners may make a special levy, it cannot 
be taken care of by a tax levy, but if this indebtedness is in the form of warrants it 
may be validated in the manner prescribed by secs. 790-797 and bonds issued for the 
purpose of retiring them and the bonds could then be retired by a special levy. (Atty. 
Gen., June 21, 1917.) 

30. A levy of more than one per cent cannot lawfully be made by the county 
commissioners to retire validated indebtedness of one of the component districts of a 
consolidated district. (Atty. Gen., July 14, 1917.) 

31. The maximum limit of ten mills as provided for in secs. 665, 729 and 745 has 
no application to the levy against the non-high school districts and such tax must be 
levied upon the property of such a district although it has already made a district 
levy of ten mills. (Atty. Gen., Sept. 28, 1917.) 

32. In determining the amount of funds required by the district for all purposes 
for the ensuing year the directors should include all the contemplated expenses of the 
district, regardless of whether the total amount is below or in excess of the one per 
cent of the assessed valuation, and also an amount sufficient to retire warrants issued 
for indebtedness incurred in excess of the revenues by authority of a vote of the 
district, and if the total amount thus found is in excess of .one per cent of the assessed 
value the district should then vote whether the additional amount should be included 
in the levy. (Atty. Gen., Mar. 11, 1918.) 

33. While a special election to determine whether the tax levy to be made in 
October shall exceed ten mills may be held in March of the same year it would be 
advisable for the district to wait until after the close of the fiscal year on June 30. 
(Atty. Gen., Mar. 11, 1918.) 

34. It is the duty of the county commissioners without a vote of the electors to 
make a levy to meet interest due on bonds of districts of the first class as well as of 
the second class, even though the levy will exceed one per cent of the assessed valua¬ 
tion of all the taxable property of the district. (Atty. Gen., May 14, 1919.) 

35. There is no limitation on the amount of levy to be made for payment of a 
judgment against a school district but if satisfactory arrangements can be made with 
the judgment creditor the judgment may be paid in installments with only a sufficient 
levy each year to meet installments due during the year. (Atty. Gen., June 19, 1919.) 

36. Where indebtedness has been incurred by a school district and the amount 
is greater than the estimated income for the year but no warrants have been issued, 
the amount may be included in the budget for the ensuing year and in such event the 
subsequent action of the directors in approving claims for these items would in effect 
constitute the execution of a new contract which would not depend upon the attempted 
contract made during the preceeding year. (Atty. Gen., Sept. 23, 1919.) 

37. An item for improvement of school grounds may be included in the budget. 
(Atty. Gen., Aug. 3, 1920.)- 

38. Where bonds for building purposes duly authorized by vote of the district 
cannot be disposed of the directors may call another election and submit to the 
electors the proposition of building the schoolhouse by issuing warrants and authoriz¬ 
ing a tax levy therefor. Adoption of the proposition at such election would have the 
effect of rescinding the former action authorizing the bond issue. At the second elec¬ 
tion the voters must authorize the expenditure of a specific amount of money. (Atty. 
Gen., May 16, 1921.) 

39. Where a school district of the third class in 1921 voted a special three 
mill lev 3 r to purchase a public hall to be used for school purposes, but the tax was not 
levied, and in 1922 a special election was held at which the voters decided not to buy 
the public hall building but to use the money “raised or to be raised” by the three 
mill levy authorized the year before to erect a building, and later in the same year the 
voters definitely voted down the proposed purchase of the public hall building, the first 
proposition submitted in 1922 cannot be considered equivalent to an authorization by 
the voters of a special levy for that year since the statement of the question would 
lead the voter to suppose that the only question which he was voting upon was the 
purpose for which the money should be expended and not the question of whether or 
not a special levy should in fact be made. (Atty. Gen., May 4, 1922.) 

40. A consolidated district is entitled to funds of a component district raised by 
a special tax levy pursuant to special election for the purpose of constructing a school 
building but such money cannot be placed in the general fund and cannot be used 
and expended for any purpose other than that for which it was voted by the electors 
of the component district. (Atty. Gen., Aug. 8, 1922.) 

41. An election under this section to be valid should be held subsequent to the 
first day of July and before the levy is made. (Atty. Gen., Nov. 9, 1922.) 

42. A tax authorized by vote of a district of the second or third class in May, 
1922 but not levied in that year cannot be levied in 1923. The electors can only 
vote upon a levy for the ensuing year and a levy which has been voted upon cannot 
be imposed for any other year. (Atty. Gen., Feb. 20, 1923.) 

43. Upon the filing of an estimate of expenditures by a school district the 
county commissioners should make a levy sufficient only to produce the exact amount 
necessary and they have no authority to make the levy at the nearest even millage 
above the amount required. If an even rate were used which would produce an 
amount in excess of the budget so small as to be of no substantial consequence, the 





314 


Code of Public Instruction 


728. Shall direct commissioners to levy taxes—Continued 

court would in all probability declare it so and sustain the levy on that theory. (Atty. 
Gen., May 3, 1923.) . . . 

44. Special elections are held in accordance with the law governing annual elec¬ 
tions outlined in secs. 522 to 527 inclusive. (Supt. Pub. Instr., Sept. 17, 1919.) 

45. A surplus in the general fund at the end of the school year, no part of which 

fund was specifically raised for building purposes, may be used to make up the current 
expense estimate for the coming year and a levy may be made for building purposes 
in an amount necessary for the construction of a building. In case this amount plus 
the amount to be levied for current expenses does not exceed ten mills, no special 
authorization for an additional levy will be required by vote of the electors though 
authorization to build will be required under any circumstances. If the total amount 
exceeds ten mills the additional levy will of course have to be authorized by majority 
vote, the purpose being indicated on the ballot and the question of authorization to 
build being submitted as an independent question. Or it might be more convenient to 
submit the latter question to the voters at a special meeting as provided for in sec. 
528, in lieu of submitting it at an election. By the method here outlined the same re¬ 
sult is ultimately obtained as if the money on hand were available for building pur¬ 
poses. (Supt. Pub. Instr., Aug. 10, 1920.) . . 

46. Neither state nor county apportionment funds can ever be used for building. 
Funds raised by district tax levy may be so used only when they have been raised 
for building purposes. This fact may be indicated when they are within the ten-mill 
limit by itemizing them for building purposes in the budget required by secs. 729 and 
745 ; and. when they are above the ten-mill limit, by a statement of purpose on the 
ballot authorizing the special levy. This statement must be included when the ques¬ 
tion of raising the levy is voted upon even though the board has already been au¬ 
thorized by vote of the district to erect the building for which the special levy is 
made. And in addition the purpose will of course be further indicated, as in the case 
of a levy below the ten-mill limit, by itemizing under the heading of building purposes 
in the budget. (Supt. Pub. Instr., Sept. 10, 1920.) 

729. School buildings and sites 

The board shall build or remove school houses, purchase or sell lots or 
other real estate when directed by a vote of the district to do so and where 
the district shall possess a school house upon a site owned by such district 
the board may by a unanimous vote of all the members thereof purchase or 
lease additional real estate adjacent to such site: Provided , That a school 
house already built on a site which has been selected by a majority vote of the 
legal school electors of a district shall not be removed to a new site without 
a two-thirds vote of the school electors voting at an annual or special election; 
nor shall a school house site that has been selected by a majority vote of the 
legal school electors, but upon which no school house has been built, be changed 
except by a two-thirds vote of the legal school electors voting at an annual 
or special election as hereinbefore provided. (L. T5, p. 337, sec. 1; R. C. S., sec. 
4819; P. C., sec. 5023.) 

Cross-references: Doors of school buildings to swing outward, sec. 28 ; district 
empowered to purchase, hold and sell real estate, sec. 464 ; annual and special elections, 
sec. 515 et seq. ; special meeting of the district may authorize purchase of sites, de¬ 
termine their location, authorize the erection of buildings or sale of property, sec. 528 ; 
directors to cause schoolhouses to be properly heated, lighted and ventilated, sec. 582, 
subd. 4 ; power of directors to purchase personal property and receive, lease and hold 
property for the district, sec. 582, subd. 5 ; pecuniary interest of directors in erection 
of buildings and purchase of sites forbidden, sec. 584 ; directors to have custody of 
school property and to make conveyances, sec. 605 ; purchase of school lands for sites, 
sec. 606; condemnation of land for sites, sec. 608; erection of teachers’ cottages and 
communal assembly places, secs. 637-640 ; acquisition of property for community pur¬ 
poses, sec. 640 ; issuance of bonds for purchase of sites and erection and furnishing 
of buildings, sec. 798; creation of building fund, sec. 801. 

1. A writ of mandate will not issue to compel school directors to pay over to the 
county treasurer insurance money raised on a loss by fire of a school building in their 
district, to be divided between it and a new district recently formed out of it, when the 
money has been actually expended by the directors in the erection of a new school 
building, pursuant to a unanimous vote of the electors of the district. Mandamus 
cannot be invoked as a remedy to recover moneys misapplied by public officers, for in 
such cases the public has another and different remedy exclusively: Elder v. Terri¬ 
tory, 3 Wash. Ter. 438. 

2. Where a majority vote has been cast in favor of issuing bonds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a schoolhouse with the proceeds of a special levy: Stim- 
son Timber Co. v. Mason County, 97 Wash. 205. 

3. A majority vote in favor of a special tax for building purposes is not sufficient 

to authorize the directors to build a schoolhouse. The board must either at an election 
or at a special meeting submit the question to the voters of the district as to whether 
authority shall be given to build a new schoolhouse or schoolhouses. (Atty Gen Ons 
1899-1900, p. 67.) * ’ 





State of Washington 


315 


729. School buildings and sites—Continued 

The directors of a school district of the second or third class have no au- 
T 1 /V° PU rcha se a P or table schoolhouse without authorization of the electors. 
(Atty. Gen. Ops., 1903-4, p. 125.) 

5. Purchase of a portable schoolhouse may be authorized at a special meeting 
held under provisions of sec. 528. (Atty. Gen. Ops., 1903-4, p. 127.) 

6. Without vote of the electors of the district school directors are not empowered 
to Abandon the original school and maintain school only in a rented building where 
school had been established merely as a temporary expedient without authority from 
the people. (Atty. Gen. Ops., 1903-4, p. 230.) 

7. If the school site was purchased from parties who now own adjacent land and 
refuse to permit children to cross the same, that being the only way by which the 
children could reach the schoolhouse, there would seem to be a right of ingress and 
egress to and from such school grounds which would be implied from the grant If 
the present and former owners of the land have permitted school children to cross such 
land without interruption for ten years or more along one or more definite routes the 
children would have gained a prescriptive right to reach the school grounds by such 
routes. (Atty. Gen. Ops., 1905-6, p. 391.) 

8. The directors do not have power to choose and purchase a site for a new 
school building to accommodate the increasing population without having submitted 
the matter to the voters of the district. (Atty. Gen. Ops., 1907-8, p. 104.) 

9. Where necessity for a highway greatly exceeds the necessity for a schoolhouse 
site at the same place, the same may be taken on condemnation by the city—at least, 
where the land to be taken from a schoolhouse site is not indispensable to the use of 
the remainder of the site for school purposes, or where a street would not materially 
interfere with the use of the remainder of the site, the same can be taken by the city. 
(Atty. Gen. Ops., 1907-8, p. 371.) 

10. School district directors are not authorized to sell school property on con¬ 
dition and it would be unlawful, at the election called to determine the question of 
sale of an old school site, to designate that the property shall be sold only for a 
pai'ticular purpose. (Atty. Gen. Ops., 1909-10, p. 2.) 

11. The question whether the site of the schoolhouse can be changed may be 
re-submitted to the voters as often as general elections may occur, or as special 
elections may be called by the directors. The courts might interfere to prevent a 
reckless and fruitless expenditure of the funds of a district in the proposed holding 
of an election, where the same proposition had been recently and repeatedly defeated. 
(Atty. Gen. Ops., 1909-10, p. 27.) 

12. After once having located its schoolhouse site a district cannot sell such site 
by majority vote and then purchase another site by majority vote, since two-thirds 
vote is required for change of site. (Atty. Gen. Ops., 1911-12, p. 10.) 

13. The directors of a school district have no authority without a vote of the 
electors of the district to sign a waiver granting to the county a right-of-way over a 
portion of the school grounds for a public highway. (Atty. Gen. Ops., 1911-12, p. 160.) 

14. Moneys left by will to the general fund of a school district cannot be paid 
out on warrants for the purchase of a building for school purposes. (Atty. Gen. Ops., 
1911-12, p. 205.) 

15. A majority vote of the electors of the district at a special meeting which 
authorizes only the building of a schoolhouse does not confer upon the directors the 
power to incur indebtedness in excess of the limit fixed by sec. 780, but simply 
authorizes the directors to build such schoolhouse with the money available and in the 
event that it can be built without the incurring of an indebtedness. If the question 
of incurring indebtedness is submitted at a special school meeting it should be stated 
in such form that the voters will at least pass on the amount of the indebtedness to 
be incurred. (Atty. Gen. Ops., 1911-12, p. 302.) 

16. Directors of a school district of the second or third class may use the pi'o- 
ceeds of a bond issue for purchase of a site other than that designated in the proposi¬ 
tion submitted at the bond election if such change of site is subsequently authorized 
by two-thirds vote of the qualified electors voting at an election. (Atty. Gen. Ops., 
1913-14, p. 11.) 

17. The purchase of an additional schoolhouse site is neither moving a school- 
house to a new site nor the changing of a schoolhouse site already selected, and there¬ 
fore may be authorized by only a majority of the electors of the district. (Atty. Gen. 
Ops., 1913-14, p. 242.) 

18. The power and duty of determining the amount of the school district tax 
rests with the officers of the school district and the levying of the tax therefor by the 
county commissioners is purely a ministerial act. (Atty. Gen. Ops., 1913-14, p. 243.) 

19. Authority to change a school site once selected by the electors of the district 
cannot be conferred upon the directors by a vote of the electors of the school district 
taken at a special meeting, held under the provisions of sec. 528, since sec. 746 provides 
that the change must be made by two-thirds vote of the electors voting at an annual 
or special school election. (Atty. Gen. Ops., 1913-14. p. 304.) 

20. A school district which without any attempt to secure the right to use public 
lands as a school site, builds a schoolhouse upon such lands, which were later lawfully 
acquired by a homesteader to whom a patent therefor was issued by the United States, 
would have no claim of right as against the homesteader for the improvements that 
had been put upon the lands under such conditions. (Atty. Gen. Ops., 1913-14, p. 332.) 

21. A district owning more than one schoolhouse is not required to maintain 
school in each building. (Atty. Gen. Ops., 1913-14, p. 452.) 

22. The directors of a consolidated district owning more than one schoolhouse 
have the authority without the vote of the district to designate in which schoolhouse 
or schoolhouses school shall be held, if they deem it advisable not to hold school in 
all of them, and they may dispose of schoolhouses and sites which are no longer 





316 


Code of Public Instruction 


729. School buildings and sites— Continued 


needed, in accordance with the procedure outlined in secs. 728 and 746. (Atty. Gen. 
Ops., 1913-14, p. 452.) 

23. The authority conferred by subd. 3 of sec. 582, prescribing powers and duties 
of directoi'S, does not authorize the directors to construct an addition to a building 
without a vote of the district, but is confined to' repairs. (Atty. Gen. Ops., 1915-16, 
p. 149.) 

24. Directors of a school district of the second class when authorized by vote of 
the district to sell district real estate are not authorized to sell on terms, but the sale 
must be a cash sale. (Atty. Gen. Ops., 1915-16, p. 155.) 

25. Directors of a school district of the second or third class in addition to sub¬ 
mitting to the electors of their district the question of whether or not a site shall be 
purchased must also submit the question of the location of the site. (Atty. Gen. Ops., 
1915-16, p. 350.) 

26. The word “adjacent” was used in this section with the intention of author¬ 
izing directors to purchase or lease real estate as an addition to a school site although 
separated therefrom by an intervening street. (Atty. Gen. Ops., 1915-16, p. 361.) 

27. The words “when directed by a vote of the district to do so” mean a majority 
vote of the electors voting upon the proposition of purchasing the particular site and 
do not require a majority of all votes cast on all propositions at the particular election. 
(Atty. Gen. Ops., 1917-18, p. 51.) 

28. After the electors have voted to bond a district in the sum of thirty-five 
hundred dollars for the purpose of building a two-room addition to the schoolhouse 
and increased costs make it impossible to construct such addition for less than seven 
thousand dollars, another election may be held to secure authorization for issuance of 
additional bonds in such amount as will permit construction of the building as previ¬ 
ously authorized, so long as the debt limit of the district is not exceeded. (Atty. Gen. 
Ops., 1917-18, p. 314.) 

29. If a contract for the purpose of building an addition to a school resulted in 
bringing the indebtedness of a district beyond the limit allowed by law and no tax 
levy was made for the purpose of building such addition, the indebtedness on that 
account would for that reason be void and warrants issued in payment thereof invalid. 
Teachers’ salaries in accordance with their contracts would be a valid claim against 
the district if such contracts were made prior to the contract for such addition and if 
such teachers’ contracts did not exceed the indebtedness that might be legally incurred. 
(Atty. Gen. Ops., 1919-20, p. 51.) 

30. Land donated for a schoolhouse to be used for high school and grade work 
is a new site under the law, unless the old site upon which the present grade school is 
maintained is to be sold or used for other purposes. (Atty. Gen., June 2, 1910.) 

31. A vote of the district is necessary to authorize the building of an addition to 
house the manual training and domestic science department. (Atty. Gen., June 16, 
1913.) 

32. Authority given by the voters of a school district to erect a school building 
when once exercised is exhausted and money placed in the building fund from the 
proceeds of an insurance policy cannot be used in the consti’uction of a school until 
the voters authorize the building of the same. (Atty. Gen., Sept. 10, 1914.) 

33. A vote which results in a tie between two sites submitted for selection does 
not authorize the directors to purchase either site. (Atty. Gen., Nov. 22, 1915.) 

34. A school district is not prohibited from securing a site for a schoolhouse upon 
a portion of an Indian reservation situated within its boundaries. (Atty. Gen., Apr. 
25, 1916.) 

35. An outbuilding, such as a toilet or fuel shed, which comes strictly within 
the provisions of subd. 4, sec. 582, that is, one which is needed for heating, lighting 
or ventilating the school building or keeping the premises cleanly and sanitary, may 
be built without approval of the electors. However, the construction of outbuildings 
which would not be used for any of the purposes enumerated in that subdivision would 
require the vote of the electors. (Atty. Gen., Mar. 11, 1920.) 

3 6. A district of the second class may submit to the voters a proposition to 
provide for the purchase of a site for a school building, and also the question of 
issuing bonds in an amount estimated to be sufficient for the purchase of such site, as 
a separate proposition from several propositions for issuance of bonds. Segregation 
of propositions is to be favored. (Atty. Gen., Feb. 17, 1921.) 

37. A school district cannot own or control real property jointly. The directors 
cannot enter into an agreement for joint control or ownership of a ball park. (Attv. 
Gen., Feb. 17, 1921.) 

38. The directors of a school district of the second class may build a schoolhouse 
by day labor without entering into a contract or advertising for bids. (Attv. Gen, 
Apr. 8, 1921.) 


39. Where a change of site was proposed to the voters of the district and two 
prospective new sites were submitted in such proposition, the wrong description of a 
site which was not selected would not invalidate the election. (Atty. Gen., Apr. 21, 

40. A site which has been legally selected by the voters of a consolidated district 
cannot be changed by less than two-thirds vote. (Atty. Gen., Apr. 21, 1921.) The 
foregoing opinion does not modify the previous opinion of the attorney generai (Atty. 
Gen. Ops., 1905-6, p. 28) where, in passing upon the original location of a schoolhouse 
after consolidation of two school districts, it was held that a consolidated district 
became a new district and therefore the establishment of a schoolhouse site in such 
district was not a change of site. (Atty. Gen., May 2, 1921.) 

41. The code contemplates two methods of raising money for the building of 
schoolhouses: (1) sale of bonds; (2) a special tax levy for that purpose. A school 
district must adopt one or the other method in raising funds to build a schoolhouse 






State of Washington 


317 


729. School buildings and sites —Continued 

and a vote of the electors authorizing the construction of the schoolhouse by the issu¬ 
ance and sale of bonds does iiot confer power on the board of directors to proceed with 
tlon issuance of warrants on the building fund. (Atty. Gen., July 
16, 1914 ; May 16, 192*1.) 

42. The proceeds of an insurance policy collected by a school district cannot be 
used tor general current expense until such time as the directors shall be authorized 
by vote of the district to erect another building, but should be placed and kept in the 
building fund until such authority is granted. (Atty. Gen., Aug. 23, 1922.) 

43. A donated site must be voted upon by the qualified electors of the district. 
(Supt. Pub. Instr., May 10, 1915.) 

44. \ ote of the electors is necessary to authorize the building of a teacher’s cot¬ 
tage. (Supt. Pub. Instr., Sept. 4. 1919.) 

45. Money from the general fund of a school district cannot be used to purchase 
land. (Supt. Pub. Instr., May 10, 1920.) 

46. While there is no provision of law relating to advertisement for bids in 
districts of the second or third classes it is good policy for such districts to advertise 
as far as possible in accordance with the plan outlined for districts of the first class 
in sec. 660. If no paper is published in the district, advertisement might be inserted 
in some paper published in the county. (Supt. Pub. Instr., July 6, 1920.) 

4 7. If a school building is erected on the district property by private subscription, 
without expectation of remuneration on the part of the subscribers and without any 
express agreement as to reversion to the grantors or retention of title in them, such 
building is the property of the district. (Supt. Pub. Instr., Apr. 11, 1921.) 

48. Funds to be used to build a gymnasium cannot be transferred from that use 
and applied to the building of a teacher’s cottage without authorization by the electors 
of the district. (Supt. Pub. Instr., May 15, 1922.) 

49. The law does not contemplate the use of any part of the general fund for 
the purchase of a school building, portable or otherwise. (Supt. Pub. Instr., July 18, 
1922.) 

730. Shall elect teachers, when 

No board of directors shall employ any teacher or teachers whose term or 
terms of service begin after the first Monday in August, until after the directors 
elected at the annual school election in said year shall have entered upon the 
discharge of their duties. (L. ’09, p. 309, sec. 10; R. C. S., sec. 4820; P. C„ sec. 
5024.) 

Cross-references: Teachers must be employed by written order of the board and 
must hold certificates valid for full contract period, secs. 289 and 310 ; terms of 
directors in class A counties and counties of the first class begin on the first Monday 
in June following election, sec. 534 ; terms in counties other than class A counties and 
counties of the first class in port district containing a school district of the first class 
begin on first Monday in January following election, sec. 544 ; election and contracts of 
teachers, sec. 582, subd. 1 ; terms of directors of districts of the third class elected 
under general school election law begin fourth Monday after election, sec. 738. 

1. Prior to enactment of this section it was held that a school district contract 
of a duration extending beyond the term of one of the directors was not invalid for 
that reason: Taylor v. School District, 16 Wash. 365: Splaine v. School District, 20 
Wash. 74. 

2. A written contract duly entered into and signed on April 4, 1908, between a 
teacher and the board of directors, the term or terms of office of one or all of whom 
would naturally expire on March 30, 1908, would be legal and binding upon the school 
district if no director was elected at the regular election on March 7, 1908, or if one 
elected failed to file oath of office on or before March 30 and if the county superin¬ 
tendent on April 4 appointed directors to fill the vacancies thus caused. (Atty. Gen. 
Ops.. 1907-8, p. 491.) 

3. A contract of employment of a teacher in a county of the first class whose 
term of service begins after the first Monday in August cannot be made until after 
the first Monday in June since the organization of the board of directors in a county 
of the first class comes on the first Monday in June following the election. (Atty. 
Gen., Dec. 12, 1921.) 

4. While the law permits the election of a superintendent or principal in certain 
cases for a longer period than one year, a teacher may be elected for one year only. 
(Supt. Pub. Instr., Mar. 26, 1914.) 

731. Shall elect superintendent or principal 

In all districts of the second class the board of directors shall elect a 
superintendent, or a principal, who shall hold a valid teacher’s certificate. The 
said superintendent, or principal shall have supervision over the several de¬ 
partments of the school and the board of directors may contract with him 
for a term of one year, or a term of two years as may be deemed best in their 
judgment. (L. ’09, p. 300, sec. 11; R. C. S., sec. 4821; P. C., sec. 5025.) 

Cross-references: Duties of school officials and principals under physical educa¬ 
tion law, secs. 22-24 ; training of school superintendents to be given at state university 
and state college only, sec. 48; duty of principals or other persons in charge of schools 
to hold fire drills, sec. 29 ; superintendent empowered to issue employment permits in 
districts of the second class maintaining part-time schools, sec. 275 : city superin- 



318 


Code of Public Instruction 


tendents of districts employing one hundred or more teachers may issue temporary 
certificates, sec. 299; and special certificates, sec. 300 ; report of superintendent or 
principal to county superintendent at close of year, sec. 312 ; penalty for false report 
of presence of pupils by superintendent or principal, sec. 318; superintendents and 
principals eligible to membership in state retirement fund, sea. 322 ; superintendent 
may grant excuses under compulsory attendance act, sec. 353; census reports to be 
transmitted to superintendents and principals, sec. 358; city superintendent or high 
school principal in district of first division to be chairman of textbook commission, 
sec. 403 ; and to issue approved course of study, sec. 405 ; penalty for misconduct of 
superintendent or principal relative to employment of teachers and purchase of books 
and supplies, sec. 427 ; superintendent or principal of consolidated district to be subject 
to all conditions, duties and powers of superintendent or principal of district of the 
second class, sec. 488, and may be required to serve as clerk, sec. 485 ; expenses of 
superintendents and other school representatives in attendance upon certain meetings 
may be paid by district, sec. 584 ; prosecuting attorney to give legal advice to super¬ 
intendents when required, sec. 590 ; city superintendents to report kindergarten attend¬ 
ance, sec. 635 ; principal or superintendent to make report of conduct of paroled 
parental school pupils, sec. 678; superintendents and principals eligible to membership 
in local retirement funds, sec. 681. 

1. It is not illegal for a teacher to contract to superintend and teach school in 
both a union high school district and one of the component districts thereof where 
school of both districts is held in the same building; and he may lawfully be paid 
salary by the union district and by the component district: State ex rel. Brown v. 
McQuade, 36 Wash. 579. 

2. After a board of school directors has discharged a principal and its action has 
been reversed by the county superintendent, it cannot designate a teacher theretofore 
subordinate to the principal as “superintendent” of schools and require the principal 
to work under him, as it is intended under the provisions of this section that only 
one person shall exercise supervision, and the name to be given, whether superintendent 
or principal, is immaterial: Williams v. School District No. 189, 104 Wash. 659. 

3. Where the action of a school board in dismissing a principal has been reversed 
on appeal and the board has thereafter designated a subordinate teacher as superin¬ 
tendent and directed the principal to work under him, the principal need not take 
another appeal to the school authorities before suing the district for breach of con¬ 
tract : Id. 

4. There are no provisions of law which would disqualify the superintendent of 
schools of an incorporated city district from acting as an attendance officer of the 
district. (Atty. Gen. Ops., 1907-8, p. 321.) 

5. A man is not disqualified by reason of his relationship to his wife, from acting 
as superintendent of schools in one of the districts of the county in‘which she is 
serving as county superintendent. (Atty. Gen., Ja.n. 28, 1919.) 

6. The claim of a city superintendent of schools for expenses incurred in attend¬ 
ing a meeting of the Washington educational association is a proper charge against 
the district if the trip was authorized by the directors and made at their request. 
(Atty. Gen., May 26, 1920.) 

7. The board of directors of any consolidated school district may contract with 
the principal or superintendent for a term of one year, or a term of two years, as may 
be deemed best in their judgment. (Supt. Pub. Instr., Apr. 2, 1921.) 

732. Minimum term six months 

In all districts of the second class the minimum school term for each 
year shall be six months. (L. ’09, p. 300, sec 12; R. C. S., sec. 4822; P. C„ sec. 
5026.) 

Cross-references: Minimum term to be six months, sec. 244 ; one month’s school 
required for apportionment to new district, sec. 469 ; school district may be disorganized 
for failure to hold school for six months, sec. 514. 

1. The directors of a district cannot be compelled to open and maintain for a 
period of six months a public school where it appears that the indebtedness of the 
school district, including its bonded and warrant indebtedness, exceeds the one and 
one-half per cent limitation allowed by the constitution, and that the bonded indebted¬ 
ness has not been created under a vote of the people authorizing the incurring of 
indebtedness in excess of such limitation, and there are no moneys on hand for school 
purposes: Stanley v. McGeorge, 17 Wash. 8. 

2. The maintaining of a school for a period of eight months is not such a neces¬ 
sity as to render valid a teacher’s contract therefor when the indebtedness incurred 
exceeds the limit authorized by law: Wolfe v. School District No. 2, 58 Wash. 212. 

3. There is no statute imposing a penalty of any kind upon a union high school 
district for failure to maintain school within a certain period after its formation, or 
even to maintain school. (Atty. Gen. Ops., 1921-22, p. 192.) 

4. The logic of the case of Wolfe v. School District No. 82, 58 Wash. 212, would 
seem to support the conclusion that maintenance of school for a period of six months is 
not such a mandatory purpose as would authorize the school district to exceed its 
current revenues in violation of the provisions of sec. 584. (Atty. Gen., Jan. 21, 1921.) 

5. The maintenance of school for the minimum term prescribed by sec.’ 780 is 

subject to the condition that the current revenues of the district be not exceeded, and 
the directors have no authority to exceed the amount of levy that may be made without 
a vote for the purpose of paying teachei's in accordance with their contracts (Attv 
Gen., Nov. 8, 1921.) v y 

6. School directors have authority to determine the length of the school term 
provided that it shall be at least six months, unless a special meeting of the voters of 
the district is called as provided for in sec. 528 to determine the length of time in 





State of Washington 


319 


excess of the minimum length of time prescribed by law that school shall be main¬ 
tained in the district. But if the meeting is called, and its purpose is specified in the 
resolution of the board, or the petition of the voters, to include determination of the 
length of the school term, the power to prescribe the length of the term passes into 
hands of the voters present at the meeting. (Supt. Pub. Instr., May 21, 1921.) 


CHAPTER 6—SCHOOL DISTRICTS OF THE THIRD CLASS 
ARTICLE I—DEFINITION, OFFICERS AND REGULATIONS 

733. School districts of the third class defined. 

734. Election of directors. 

735. Election on first Saturday in March. 

736. County superintendent shall fill vacancies. 

737. Shall take oath of office. 

738. Organization of board. 

739. Regular and special meetings of boards. 

740. Shall purchase books, apparatus, etc. 

741. When a principal shall be elected. 

742. When a superintendent shall be elected. 

743. Superintendent or principal shall make report. 

744. Shall elect teachers, when. 

745. Shall direct commissioners to levy taxes. 

746. Shall select sites and build houses when directed by the people. 

747. County superintendent shall approve plans. 

733. Districts of the third class defined 

All other school districts [than those defined as of the first or second class] 
shall be school districts of the third class. (L. ’09, p. 264, sec. 4; R. C. S., sec. 
4697; P. C., sec. 4901.) 

Cross-references: Definition of school districts of the first class, sec. 645 ; of the 
second class, sec. 720; county auditor to issue warrants for third class districts, 
sec. 845. 

1. Consolidated districts are classified in the same manner as single school 
districts. (Atty. Gen. Ops., 1911-12, p. 216.) 

2. While there is no designated procedure for reclassifying school districts, in 
view of the general powers of the county superintendent, and in view also of sec. 462 
providing for the designation of districts, the change in classification is made by the 
county superintendent upon proper proof being presented to him, showing that a 
different classification should be made. He should alter his records accordingly. The 
district board may then organize pursuant to such order, and proceed under the new 
classification. (Atty. Gen., Sept. 20, 1922.) 

734. Election of directors 

Directors of school districts of the third class shall consist of three mem¬ 
bers. They shall be elected by ballot by the qualified electors of the district, 
and shall hold their office for a term of three years and until their successors 
are elected and qualified. At the first annual election in all new districts three 
directors shall be elected for one, two and three years respectively, and the 
ballots at such election shall specify the term for which each is to be elected. 
At each election after the first, one director shall be elected for a term of three 
years. In case vacancies are to be filled and a successor or successors to be 
elected to fill an unexpired term or terms, the ballots shall specify the term 
for which each director is to be elected. (L. ’09, p. 300, sec. 1; R. C. S., sec. 
4823; P. C., sec. 5027.) 

Cross-references: Elections of county and district officers, Const., art. 6, sec. 8; 
legislature to provide for election of district officers and fix their terms of office, Const., 
art. 11, sec. 5 ; method of filling vacancies until next election, sec. 440, subd. 13 ; 
school district elections in general, sec. 515 et seq. ; elections in class A counties and 
counties of the first class, sec. 531 et seq. ; in counties other than class A counties and 
counties of the first class in a port district containing a school district of the first class, 
sec. 543 et seq.', change in board when district of the third class becomes district of 
the first class, sec. 646 ; boards of directors of consolidated districts, secs. 484-486 ; of 
union high school districts, sec. 493 ; of joint districts, sec. 505. 

735. Election on first Saturday in March 

The regular district election in each district of the third class shall be 
on the first Saturday in March of each year, and such election shall be held 






320 


Code of Public Instruction 


in the manner provided in article 1, chapter 13, of this title. [Code Pub. Ins., 
secs. 521-527.] (L. ’09, p. 301, sec. 2; R. C. S., sec. 4824; P. C., sec. 5028.) 

Cross-references: Time of district elections prescribed. Const., art. 6, sec. 8; 

legislature to provide for election of district officers and fix their terms of office, Const., 
art. 11, sec. 5 ; change of election date upon petition, sec. 521 ; date of election, in class 
A counties and counties of the first class, secs. 532 and 534 ; in counties other than 
class A counties and counties of the first class in a port district containing a school 
district of the first class, secs. 543 and 544. 

1. A written contract duly entered into and signed on April 4, 1908, between a 
teacher and the board of directors, the term or terms of office of one or all of whom 
would naturally expire on March 30, 1908, would be legal and binding upon the school 
district if no director was elected at the regular election on March 7, 1908, or if one 
elected failed to file oath of office on or before March 30, and if the county superin¬ 
tendent on April 4 appointed directors to fill the vacancies thus caused. (Atty. Gen. 
Ops., 1907-8, p. 491.) 


736. County superintendent shall fill vacancies 

In case the electors of any district of the third class shall neglect or fail 
to elect directors as hereinbefore provided, the county superintendent may de¬ 
clare vacant the office of any director at the expiration of his term; and in 
case of a vacancy in the board of directors from any cause, the county superin¬ 
tendent shall fill such vacancy by appointment until the fourth Monday follow¬ 
ing the next annual election. (L. ’09, p. 301, sec. 3; R. C. S., sec. 4825; P. C., 
sec. 5029.) 

Cross-references: Causes of vacancies and power of county superintendent to fill, 
sec. 440, subd. 13 ; causes of vacancies in general, sec. 580 ; filling of vacancies by 
election, sec. 721 ; failure to take and file oath creates vacancy, sec. 724. 

1. Absence of a director from the district for more than ninety days, although 
caused by enlistment in the military service of the United States, vacates the office 
and it is the duty of the county superintendent to fill the vacancy. (Atty. Gen., 
Mar. 27, 1919.) 

2. It is not necessary, in order to validate the resignation of a school director, to 
have such resignation acted upon at a meeting of the board of directors. (Supt. Pub. 
Instr., May 1, 1915.) 


737. Shall take oath of office 

All persons elected as members of the board of directors of districts of the 
third class shall, within ten days thereafter, appear before an officer authorized 
to administer oaths, take and subscribe the usual oath of office and deliver the 
same to the county superintendent of schools, and in case any person elected 
shall fail so to do, his election shall be void and the office shall be deemed 
vacant. (L. ’09, p. 301, sec. 4; R. C. S., sec. 4826; P. C., sec. 5030.) 

Cross-references: County superintendent may administer oaths, sec. 440 subd 9- 
county superintendent to require filing of oaths, sec. 441 ; oaths of officers of joint 
districts, sec. 506; oaths of directors attached to certificate of election sec 527 • 
violation of oath ground for recall, sec. 563 ; district officers may administer oaths! 
sec. 579. 

1. It is necessary for directors to qualify according to law, whether they are 
appointed by the county superintendent or elected at the annual school election (Sunt 
Pub. Instr., May 20, 1920.) 


738. Organization of board 


The term of office of directors of districts of the third class shall begin 
on the fourth Monday next succeeding their election, on which day the directors 
shall meet at the hour of two o’clock p. m„ and shall at once organize by 
electing one of their members as chairman and another as clerk, who shall 
each immediately enter upon the discharge of his duties, and shall serve for 
the period of one year: Provided, That if any such clerk shall fail to discharge 
his duties in accordance with law, the board of directors may, at any time 
remove such clerk and elect another of their number to fill the unexpired term 
(L. ’09, p. 301, sec. 5; R. C. S„ sec. 4827; P. C., sec. 5031.) 


e/ere wees■ + T n e r rrn S of directors m class A counties and counties of the first 
P n th a first ^ 0nda ^ in June following election, sec. 534 ; terms in counties 
other than class A counties and counties of the first class in a port district containing 
a school district of the first class begin on the first Monday P in January following 
election, sec. 544; powers and duties of directors, sec. 582 et secj.; powers and duties 

tkn? 1 o r f bolrd, sic. *5 86/*' 1 ClGrk t0 n ° tify C ° Unty su Perintendent of change in organiza- 

°. n ai \. a P p . eal tr, om a judgment ousting the appellant from the office of school 
clerk, he is entitled to file a bond staying proceedings pending the appeal and it is the 
duty ot the trial judge to order and fix the amount thereof: State v. Sachs, 3 Wash. 96. 






State of Washing ton 


321 


2. A person employed as a teacher is ineligible to the office of clerk of the district 
in which he is employed and a person occupying the office of clerk who accepts 
employment as teacher thereby vacates the office of clerk. (Atty. Gen. Ops., 1901-2, 
p. 256.) 

3. Neither a county superintendent nor his deputy can hold the office of school 
clerk, and upon accepting the office of district clerk thereby vacates the office of 
superintendent or deputy, or vice versa. (Atty. Gen. Ops., 1901-2, p. 256.) 

4. A director whose term expires within less than a year after he has been 
elected clerk cannot continue to act as clerk after the expiration of his term as 
director, as this section contemplates that the clerk shall be a member of the board of 
directors. (Atty. Gen. Ops., 1905-6, p. 131.) 

5. One person may sei've as clerk of a school district and prosecuting attorney 
and receive salary for both offices. (Atty. Gen., Feb. 27, 1914.) 


739. Regular and special meetings of board 

A regular meeting of each board of directors of districts of the third class 
shall be held on the first Saturday of February, May, August and November, 
and they may hold such other special or adjourned meetings as they may from 
time to time determine, or as may be specified in their by-laws. Special meet¬ 
ings may be called by the chairman or by any two members of the board. 
(L. ’09, p. 302, sec. 6; R. C. S., sec. 4828; P. C., sec. 5032.) 

Cross-references: Clerk to give notice of regular and special meetings of the board, 
sec. 587, subd. 6. 

1. The resolution providing for the calling of a school bond election may properly 
be passed at a special meeting of the board of directors. (Atty. Gen., Apr. 5, 1923.) 


740. Shall purchase books, apparatus, etc. 

Every board of directors of districts of the third class shall, in addition 
to the power and duties enumerated in article 4 T21, chapter 4, of this title, 
[Code Pub. Ins., sec. 582 et seq .] have power and it shall be their duty to provide 
and pay for such materials, supplies and libraries as may be necessary for the 
schools, and to purchase such maps, charts and other apparatus as may have 
the written approval of the county school superintendent. (L. ’09, p. 302, sec. 7; 
R. C. S., sec. 4829; P. C., sec. 5033.) 


Cross-reference: No warrants for maps, charts and apparatus to be countersigned 
and registered until county superintendent approves order, sec. 850. 

1. The manufacturer of school desks made for a school district according to 
special plans and specifications may recover the price of the desks if he has honestly 
and faithfully tried to comply with the specifications, and the desks comply sub¬ 
stantially with the contract: Harrild v. Spokane School District, 112 Wash. 266. 

2 The county superintendent who is a dealer, or an agent for a dealer in school 
furniture, cannot lawfully offer for sale or sell the same to the school districts of his 
county. (Atty. Gen. Ops., 1901-2, p. 174.) 

3 If the county superintendent is not offering goods for sale, either as agent or 
* otherwise, he is not disqualified to pass upon the quality and price of goods offered 

for sale by others, but if he should attempt to force the sal© of his own goods by 
arbitrarily refusing to approve other goods, or by bringing his own in competition, or 
otherwise, the directors would be justified in purchasing furniture, charts and other 
apparatus not approved by him. (Atty. Gen. Ops.. 1901-2, p. 174.) 

4 The county superintendent is not authorized to determine the needs of the 

districts and he cannot dictate what may or may not be purchased by the directors. 
He is only required to pass upon the quality of goods offered for sale and the reason¬ 
ableness of the price. (Atty. Gen. Ops., 1901-2, p. 174.) ... , , . . 

5 Directors have power to subscribe to and pay for a school journal which 
publishes a regular department of news, legal and otherwise, of value to directors of 
school districts and may pay for such journal out of the current or general school 
funds of such districts. (Atty. Gen. Ops., 1905-6, p. 157.) > 

6 While the purchase of supplies from an instructor is not directly prohibited by 

statute the practice should be discouraged, for the reason that more or less of a 
fiduciary relationship exists between the board and an instructor, and therefore the 
whole transaction would be subject to the criticism that the board has been induced 
to purchase the supplies on the recommendation of the instructor. In case the board 
does purchase supplies from an instructor, the reason for such purchase should be 
clearly stated in the minutes of the board, so that all parties to the transaction may 
be protected. (Atty. Gen. Ops., 1911-12, p. 27.) . , 

7. Where an agent has solicited the purchase of supplies and secured a signed 
order from every member of the board separately, the district is not liable since the 
directors can bind the district only by a corporate meeting held as provided by law. 
(AttV. Gen. Ops., 1911-12, p. 385.) 

8 The directors may expend school funds to install a gymnasium, construct 
tennis courts, baseball grounds, swings, etc., and to buy material and supplies for 
such sports after obtaining approval by the supervisors of the plans involving such 
expenditures, as provided for in sec. 639. (Atty. Gen Ops., 1915-16. p. 65.) 

9 It is not necessary to secure the approval of the county superintendent for the 
purchase of books for a school library in a district of the third class, and the phrase 


11 






322 


Code of Public Instruction 


“as may have the written approval of the county superintendent’’ was intended, we 
think, to refer to the purchasing of maps, charts and other apparatus of similar 
nature, and not materials, supplies and libraries for the schools. (Atty. Gen. Ops., 
1915-16, p. 253.) 

10. A contract to purchase apparatus for a school district of the third class made 

by its board of directors is not binding upon the district nor upon the directors in¬ 
dividually when the purchase of such apparatus has not been approved in writing by 
the county superintendent of schools. (Atty. Gen. Ops., 1917-18, p. 51.) 

11. A school district of the third class is not bound by a contract to purchase 

apparatus for school use made by its board of directors unless the purchase has been 
approved in writing by the county superintendent, but a different question might arise 
in case apparatus so contracted for had been actually received and used by the district. 
(Atty. Gen. Ops., 1917-18, p. 51.) 

12. School district directors have no authority to purchase supplies and groceries 
for teachers. (Atty. Gen. Ops., 1921-22, p. 180.) 

13. There is no legal objection to the purchase by a district of the third class of 

a motion picture machine to be used in instruction of pupils, if the purchase is approved 

by the county superintendent. (Atty. Gen., Apr. 17, 1915.) 

14. School directors have no authority to impose a charge upon pupils of the 
school to cover the cost of materials and supplies furnished by the district and used 
in connection with the class work of the school for the subjects of domestic science and 
home economics, which have been made a part of the course of study prescribed by 
the state board of education, but it does not necessarily follow that school districts do 
not possess the power to require students themselves to furnish necessary materials or 
supplies to be used in these courses. (Atty. Gen., Nov. 10, 1921.) 

15. The directors of a school district have power to purchase an encyclopedia by 
the installment plan under contract whereby payments will extend over a period of 
two years, provided that the total purchase price will not cause the district to exceed 
the limit fixed by sec. 780. (Atty. Gen., Mar. 31, 1922.) 

16. It is not necessary to have a vote of the people authorizing the purchase of a 
piano for a schoolhouse, unless the purchase of the piano would cause the district to 
exceed its probable income for the current year in violation of sec. 780. (Supt. Pub. 
Instr., Jan. 19, 1915.) 

17. A board of directoi's has no authority to purchase supplies for a school picnic 
with school funds. (Supt. Pub. Instr., July 3, 1919.) 

18. Vouchei’s for maps furnished by a school supply company cannot be paid if 
not approved by the county superintendent. (Supt. Pub. Instr., Mar. 9, 1921.) 

741. When a principal shall be elected 

In all districts where the number of children of school age is sufficient to 
require the employment of more than one teacher, the board shall designate 
one of such teachers as principal, and such principal shall have general super¬ 
vision over the several departments of such school. The school or schools in 
•such district shall be graded in such a manner as the directors thereof shall 
deem best suited to the conditions of such districts. (L. ’09, p. 302, sec. 8; . 
R. C. S., sec. 4830; P. C., sec. 5034.) 

Cross-references: Duties of school officials and principals under physical educa¬ 
tion law, secs. 22-24 ; duty of principals or other persons in charge of schools to hold 
fire drills, sec. 29 ; report of superintendent or principal to county superintendent at 
close of year, sec. 312; penalty for false report of presence of pupils by superintendent 
or principal, sec. 318 ; superintendents and principals eligible to membership in state 
retirement fund, sec. 322 ; census reports to be transmitted to superintendents and 
principals, sec. 358 ; penalty for misconduct of superintendent or principal relative to 
employment of teachers and purchase of books and supplies, sec. 427 ; superintendent 
or principal of consolidated district to be subject to all conditions, duties and powers 
of superintendent or principal of district of the second class, sec. 488; and may be 
requwed to serve as clerk, sec. 485 ; principals or superintendents to make report of 
conduct of paroled parental school pupils, sec. 678; superintendents and principals 
eligiblo to membership in local retirement funds, sec. 681. 

1. After a board of school directors has discharged a principal and its action has 
been reversed by the county superintendent, it cannot designate a teacher, theretofore 
subordinate to the principal, as “superintendent” of schools and require the principal 
to work under him: Williams v. School District No. 189, 104 Wash. 659. 

2. Where the action of a school board in dismissing a principal has been reversed 
on appeal and the board has thereafter designated a subordinate teacher as superin¬ 
tendent and directed the principal to work under him. the principal need not take 
another appeal to the school authorities before suing the district for breach of con¬ 
tract : Id. 

.3. The state board of education has no authority to adopt an order providing that 
no grade or grades in a high school shall be established without the approval of the 
state superintendent of public instruction. (Atty. Gen. Ops., 1913-14, p. 551.) 

4. There are no conditions imposed by law as to the grade of certificate which 
should be held by the principal of a graded school. (Supt. Pub. Instr. Feb 2 1914 ) 

5. The board of directors of any consolidated school district may contract with 
the principal or superintendent for a term of one year, or a term of two years as may 
be deemed best in their judgment. (Supt. Pub. Instr., Apr 2 1921 ) 




State of Washington 


742. When a superintendent shall be elected 

The directors of any districts wherein schools are maintained in two or 
more buildings shall elect a superintendent, who may be a teacher in the schools 
of such district and such superintendent shall have general supervision over the 
schools in such district in accordance with the rules and regulations of the 
board of directors. (L. ’09, p. 302, sec. 9; R. C. S., sec. 4831; P. C., sec. 5035.) 

Cross-references (See also cross-references to sec. 741): Training of school 
superintendents to be given at state university and state college only, sec. 48 ; super¬ 
intendent may grant excuses under compulsory attendance act, sec. 353 ; census reports 
to be transmitted to superintendents and principals, sec. 358 ; city superintendent or 
high school principal in district of first division to be chairman of textbook commis¬ 
sion, sec. 403 ; and to issue approved course of study, sec. 405 ; expenses of superin¬ 
tendents and other school representatives in attendance upon certain meetings may 
be paid by district, sec. 584 ; prosecuting attorney to give legal advice to superin¬ 
tendents when required, sec. 590. 

1. It is not illegal for a teacher to contract to superintend and teach school in 
both a union high school district and one of the component districts thereof where 
school of both districts is held in the same building; and he may lawfully be paid 
salary by the union district and by the component district: State ex rel. Brown v. 
McQuade, 36 Wash. 579. 

2. The term “superintendent” would apply to one selected by the directors of a 
district which maintains school in more than one building although one of the buildings 
is rented and not owned by the district. (Atty. Gen. Ops., 1905-6, p. 323.) 

3. If the district does not maintain school in more than one building it could not 
have a superintendent, and the county superintendent would be the authority intended 
to excuse from attendance under the compulsory school law, sec. 353. (Atty. Gen. Ops., 
1905-6, p. 323.) 

4. A man is not disqualified by reason of his relationship to his wife, from acting 
as superintendent of schools in one of the districts of the county in which she is 
serving as county superintendent. (Atty. Gen., Jan. 28, 1919.) 

5. The board of directors of any consolidated school district may contract with 
the principal or superintendent for a term of one year, or a term of two yeai’s, as may 
be deemed best in their judgment. (Atty. Gen., Apr. 2, 1921.) 

6. The maintenance of more than one school in a third class district is entirely 
optional with the board of school directors of such district. (Supt. Pub. Instr., Mar. 
12, 1914.) 

743. Superintendent or principal shall make report 

It shall be the duty of the principal or superintendent of any school main¬ 
taining two or more departments to report to the superintendent of public in¬ 
struction such facts relating to the grading, course of study, enrollment, attend¬ 
ance and other matters pertaining to such schools as he may require on blanks- 
for that purpose. (L. ’09, p. 302, sec. 10; R. C. S., sec. 4832; P. C., sec. 5036.) 

744. Shall elect teachers, when 

No board of directors shall employ any teacher or teachers whose term or 
terms of service begin after the first Monday in August, until after the directors 
elected at the annual school election in said year shall have entered upon the* 
discharge of their duties. (L. ’09, p. 302, sec. 11; R. C. S., sec. 4833; P. C., sec- 
5037.) 

Cross-references: Teachers must be employed by written order of the board and 
must hold certificates valid for full contract period, secs. 289 and 310 ; terms of 
directors in class A counties and counties of the first class begin on the first Monday 
in June following election, sec. 534 ; terms in counties other than class A counties and 
counties of the first class in port district containing a school district of the first class 
begin on first Monday in January following election, sec. 544 ; election and contracts 
of teachers, sec. 582, subd. 1 ; terms of directors in districts of the second class elected 
under general school election law begin fourth Monday after election, sec. 725. 

1. Prior to enactment of this section it was held that a school district contract 
of a duration extending beyond the term of one of the directors was not invalid for 
that reason: Taylor v. School District, 16 Wash. 365; Splaine v. School District. 20 
Wash 7 4 

2 A written contract duly entered into and signed on April 4, 1908, between a 
teacher and the board of directors, the tex-m or terms of office of one or all of whom 
would naturallv expire on March 30, 1908, would be legal and binding upon the school 
district if no director was elected at the regular election on March 7, 1908, or if one 
elected failed to file oath of office on or before March 30 and if the county superin¬ 
tendent on April 4 appointed directors to fill the vacancies thus caused. (Atty. Gen. 

Ops., 1907-8, p. 491.) „ . , . 

3 A contract of employment of a teacher in a county of the first class whose 
term of service begins after the first Monday in August cannot be made until after 
the first Mondav in June since the organization of the board of directors in a county of 
the first class comes on the first Monday in June following the election. (Atty. Gen., 
Dec. 12, 1921.) 







324 


Code of Public Instruction 


4. While the law permits the election of a superintendent or principal in certain 
cases for a longer period than one year, a teacher may be elected for one year only. 
(Supt. Pub. Instr., Mar. 26, 1914.) 


745. Shall direct commissioners to levy taxes 

The board of directors shall annually at a meeting preceding the annual 
tax levy for state and county purposes, report to the board of county commis¬ 
sioners an estimate in detail of the amount of funds which will be required 
by their district for all purposes for the ensuing year, and the county com¬ 
missioners are hereby authorized and required to levy and collect such amount, 
after deducting the estimated receipts from the state and county apportion¬ 
ment for said districts. The levy in any one year shall not exceed one (1) per 
cent of the assessed value of all the taxable property of the district: Provided, 
That when any greater expenditure in any one current school year shall be 
deemed necessary, the question shall be submitted to a vote of the electors 
of the district at the time and place and in the manner provided for calling 
special elections. The notice of such election shall specify the amount of taxes 
proposed to be raised in excess of the said one (1) per cent and if a majority 
of the electors voting thereon at said election shall be in favor of such addi¬ 
tional tax, the entire amount so authorized shall be levied and collected. No 
tax, however, shall exceed two (2) per cent of all the taxable property of said 
district. In case any board of directors shall fail to make and report the said 
estimate to the board of county commissioners on or before the first day of 
September, it shall be the duty of the county school superintendent to make 
such estimate, which will be accepted in lieu of the directors’ estimate. (L. ’09, 
p. 303, sec. 12; R. C. S., sec. 4834; P. C., sec. 5038.) 


Note : County taxes to be levied within five days after the first Monday in 
October annually, under county budget act, Laws 1923, p. 526, sec. 4. 

Cross-references: Additional one mill may be levied for vocational education, 
sec. 272 ; tax levy for public libraries, sec. 643 ; levy and distribution of district taxes, 
sec. 779 ; basis of assessment of taxing districts, sec. 781 et seq. ; tax levy for payment 
of unextinguished validated indebtedness, sec. 796 ; for bond interest and sinking fund, 
sec. 804 ; similar section relating to districts of the second class, sec. 72 8. 

1. It is competent for the legislature to provide that the amount of school tax 
shall be determined by the school board and to require that the ministerial act of 
making the levy be performed by the board of county commissioners: State ex rcl. 
Evers v. Byrne, 32 Wash. 264. 


2. Rem. Comp. Stat., secs. 11229, 11230 and 11234 (Pierce’s Code, secs. 7024. 
7025 and 7022), being a general law relating to the annual levy of taxes in school 
districts, yields to this section, being a special law relating to tax levies by school 
districts of the second class, and this section must govern in the levy of taxes in 
districts of the second class:- Goodwin v. Carr, 78 Wash. 193. 

3. The provision of sec. 729 requiring the board of directors to make an estimate 
to the county commissioners, who shall levy a school tax, is directory, in view of the 
provisions that, if the directors fail to make the report, the school superintendent 
shall make the estimate ; hence it is immaterial that the estimate was reported to the 
county assessor, where the county commissioners based the levy upon it: Id, 

4. A tax levy based upon an estimate erroneously reported by the directors to 
the county assessor instead of to the county commissioners will not be set aside so 
long as the estimate was reported by the assessor to the commissioners: Id. 


5. Under see. 745, requiring school directors to certify an “estimate in detail” of 
the levy necessary, a certificate of a ten-mill levy “for school purposes” is insufficient 
to warrant a levy therefor: Randall v. School District No. J,J,. 119 Wash. 222. 

6. . A vote of the district authorizing levy of a tax for “school purposes” is 
insufficient to authorize the directors to erect a school building when the notices of 
election fail to show what, if any, building or buildings would be built: Id 

7. Mitchell, J., in Randall v. School District No. 2!,, 119 Wash. 222,’at p 227* 
“It is peculiar in this case that the amount called for was not specific but was put 
upon the millage basis. It would produce an amount not known to the voter except 
upon hearsay or a somewhat intricate examination of public records as to the equalized 
value of the property in the district, recently reduced in area by an order of the 
county superintendent of schools.” 

8- A majority vote in favor of a special tax for building purposes is not sufficient 
to authorize the directors to build a sehoolhouse. The board must either at an election 
or at a special meeting submit the question to the voters of the district as to whether 
authority shall be given to build a new sehoolhouse or schoolhouses. (Atty. Gen. 
Ops., 1899-1900, p. 67.) 

9. Money in the building fund derived from the proceeds of a levy for the pur¬ 
pose of building cannot legally be transferred to any other fund except that it could 
/^ to the bond interest fund to save the levying of so much bond interest tax. 

(Att^. VJ011. Ups.j 1 «7u5"bj p. Z3. ) 

x The county commissioners have no authority to make a levy for school 
district purposes in excess of one per cent of the assessed valuation of all taxable 





325 


State of Washington 


745. Shall direct commissioners to levy taxes— Continued 

property of the district without the same having been authorized by a vote of the 
electors of the school district. (Atty. Gen. Ops., 1911-12, p. 124.) 

11. The commissioners must levy in the manner required by sec. 804 an amount 
sufficient to create a sinking fund in addition to the amount required under sec. 729 
without the question being submitted to the electors of the particular district. (Atty. 
Gen. Ops., 1911-12, p. 124.) 

12. A school district which made a levy during the past year for a school build¬ 
ing and will make a second levy for the same purpose during the present year cannot 
contract indebtedness for such purpose in excess of the cash on hand and estimated 
receipts from other sources which may be used for building purposes after the levy 
has been made in the fall of the present year. The directors may contract an indebt¬ 
edness to the full amount thereof for the purposes for which it was made regardless 
of the fact that it will not be due and payable until February of the next year. (Atty. 
Gen. Ops., 1913-14, p. 264.) 

13. The three-mill levy provided for in sec. 796 for payment of validated indebt¬ 
edness may be in addition to a ten-mill levy for current expenses without calling for 
a special election as provided for in this section. (Atty. Gen. Ops., 1915-16, p. 146.) 

14. The county commissioners have no authority to reduce an estimate duly 
reported by the board of directors pursuant to this section provided that the amount of 
the levy falls within the statutory limitation. (Atty. Gen. Ops., 1915-16, p. 170.) 

15. The election provided for in this section should be held prior to the time the 

tax levy is made, and there is no provision for holding an election to validate a levy 

already made in excess of ten mills. (Atty. Gen. Ops., 1915-16, p. 252.) 

16. The right to levy taxes for building purposes necessarily carries with it the 
right to accumulate the proceeds from such tax levies in a building fund which cannot 
be used for other purposes. But any attempt to authorize by vote a levy for building 
purposes to be made over a period of several years, would be invalid. (Atty. Gen. 
Ops., 1915-16, p. 320.) 

17. The provision of sec. 255 for a levy on all non-high school districts is inde¬ 

pendent of the provisions of this section and in fixing the amount of the levy herein 
provided for it is not necessary to consider the amount of the non-high school district 

levy. (Atty. Gen. Ops., 1917-18, p. 370.) 

18. Bonuses to teachers, in addition to the salaries stipulated in their contracts, 
may be allowed from the proceeds of an additional tax voted by the electors, without 
the necessity of stating such purpose in the election notice. (Atty. Gen. Ops., 1919-20, 
p. 164.) 

19. No time is specified by sec. 521 for special elections and if a condition arises 
in April that makes it necessary for the board to know at that time whether a levy in 
excess of one per cent can be made, the election may be held, for although this section 
states that the board shall annually at a meeting preceding the annual levy make an 
estimate, it does not state that this estimate shall be made at the next preceding 
election to the annual levy in October. (Atty. Gen. Ops., 1919-20, p. 259.) See secs. 
531 and 543, enacted after this opinion was rendered, providing that certain special 
elections shall be held on specified dates excepting as therein provided. 

20. In class A and first class counties a special tax levy cannot be authorized at a 
special meeting of the voters of a school district. Such authority can be given only 
by an election held on the first Tuesday after the fiist Monday in May. (Atty. Gen. 
Ops., 1921-22, p. 1 If.) See, however, sec. 532, enacted since this opinion was rendered, 
providing for special elections in cases of emergency. 

21. The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the estimated 
receipts from other sources. (Atty. Gen., Nov. 24, 1911.) 

22. There is nothing in this section to prevent the directors from making a new 
estimate when the first has been found excessive and nothing to pi-event them from 
changing any particular item therein. (Atty. Gen., Feb. 8, 1915.) 

23. A levy in excess of the limit provided by law is void and may be disregarded 
by the assessor and treasurer. (Atty. Gen., Oct. 5, 1915.) 

24. A supplemental tax levy cannot be made by the county commissioners to 
raise additional revenues for a school district after the regular tax levy has been 
made and an amount equal to the certified and published estimate has been provided 
for. The district could incur a warrant indebtedness upon a vote of the electors 
authorizing the same, provided, of course, that the statutes with respect to the incurring 
of indebtedness in such a matter were fully complied with. (Atty. Gen., Nov. 22. 1915.) 

25. Cash on hand at the time of the estimate of district expenditures which was 

not included in the estimate through oversight and delinquent taxes collected which 
were not included in the estimate may be used for any general school purpose, unless 
reserved for some specific purpose which has not been carried out as for instance the 
erection of a school-building or the liquidation of certain indebtedness. (Atty. Gen., 
Jan. 14, 1916.) A . _ 

26 A union high school district and its component school districts are treated 
in the statutes as separate entities for purposes of taxation and may levy an amount 
not to exceed the twenty-mill limit which is applicable to all school districts, without 
regard to the levy in any of the component districts. (Atty. Gen., Jan. 4, 1917.) 

27. If a school district of the second class has included in its estimate of expendi¬ 
tures an item for payment of outstanding warrants and warrant indebtedness and it 
subsequently develops that the estimate made for maintenance for that school year is 
insufficient, the district may issue warrants for maintenance purposes up to the amount 
of the current revenues for the year during which such warrants are issued, although 
the aggregate of such warrants may exceed the amount of the estimate. (Atty. Gen., 
Feb. 15, 1917.) 





326 


Code of Public Instruction 


28. Unless the outstanding indebtedness of a district is evidenced by bonds for 
the redemption of which the county commissioners may make a special levy, it cannot 
be taken care of by a tax levy, but if this indebtedness is in the form of warrants it 
may be validated in the manner prescribed by secs. 790-797 and bonds issued for the 
purpose of retiring them and the bonds could then be retired by a special levy. (Atty. 
Gen., June 21, 1917.) 

29. A levy of more than one per cent cannot lawfully be made by the county 
commissioners to retire validated indebtedness of one of the component districts of a 
consolidated district. (Atty. Gen., July 14, 1917.) 

30. The maximum limit of ten mills as provided for in secs. 665, 729 and 745 lias 
no application to the levy on the non-high school districts and such tax must be levied 
upon the property of such a district although it has already made a district levy of 
ten mills. (Atty. Gen., Sept. 28, 1917.) 

31. While a special election to determine whether the tax levy to be made in 
October shall exceed ten mills may be held in March of the same year it would be 
advisable for the district to wait until after the close of the fiscal year, on June 30. 
(Atty. Gen., Mar. 11, 1918.) 

32. In determining the amount of funds required by the district for all purposes 
for the ensuing year, the directors should include all the contemplated expenses of the 
district, regardless of whether the total amount is below or in excess of the one per 
cent of the assessed valuation and also an amount sufficient to retire warrants issued 
for indebtedness incurred in excess of the revenues by authority of a vote of the 
district, and if the total amount thus found is in excess of one per cent of the assessed 
value the district should then vote whether the additional amount should be included 
in the levy. (Atty. Gen., Mar. 11, 1918.) 

33. There is no limitation on the amount of levy to be made for payment of a 
judgment against a school district, but if satisfactory arrangements can be made with 
the judgment creditor, the judgment may be paid in installments with only a sufficient 
levy each year to meet installments due during the year. (Atty. Gen., June 19, 1919.) 

34. Where indebtedness has been incurred by a school district and the amount is 
greater than the estimated income for the year but no warrants have been issued, the 
amount may be included in the budget for the ensuing year and in such event the 
subsequent action of the directors in approving claims for these items would in effect 
constitute the execution of a new contract which would not depend upon the attempted 
contract made during the preceding year. (Atty. Gen., Sept. 23, 1919.) 

35. An item for improvement of school grounds may be included in the budget. 
(Atty. Gen., Aug. 3, 1920.) 

36. Where bonds for building purposes duly authorized by vote of the district 
cannot be disposed of, the directors may call another election and submit to the 
electors the proposition of building the schoolhouse by issuing warrants and authorizing 
a tax levy therefor. Adoption of the proposition at such election would have the 
effect of rescinding the former action authorizing the bond issue. At the second 
election the voters must authorize the expenditure of a specific amount of money. 
(Atty. Gen.. May 16, 1921.) 

37. Where a school district of the third class in 1921 voted a special three-mill 
levy to purchase a public hall to be used for school purposes, but the tax was not 
levied, and in 1922 a special election was held at which the voters decided not to buy 
the public hall building but to use the money “raised or to be x-aised” by the three-mill 
levy authorized the year before to erect a building, and later in the same year the 
voters definitely voted down the proposed purchase of the public hall building, the first 
proposition submitted in 1922 cannot be considered equivalent to an authorization by 
the voters of a special levy for that year since the statement of the question would 
lead the voter to suppose that the only question which he was voting upon was the 
purpose for which the money should be expended and not the question of whether or 
not a special levy should in fact be made. (Atty. Gen., May 4. 1922.) 

38. A consolidated district is entitled to funds of a component district raised 

by a special tax levy pursuant to special election for the purpose of constructing a 

school-building, but such money cannot be placed in the general fund and cannot be 
used and expended for any purpose other than that for which it was voted by the 
electors of the component district. (Atty. Gen.. Aug. 8, 1922.) 

39. An election under this section to be valid should be held subsequent to the 

first day of July and before the levy is made. (Atty. Gen., Nov. 9, 1922.) 

40. A tax authorized by vote of a district of the second or third class in May, 
1922, but not levied in that year cannot be levied in 1923. The electors can only vote 
upon a levy for the ensuing year and a levy which has been voted upon cannot be 
imposed for any other year. (Atty. Gen., Feb. 20, 1923.) 

41. Upon the filing of an estimate of expenditures by a school district the countv 

commissioners should make a levy sufficient only to produce the exact amount neces¬ 
sary and they have no authority to make the levy at the nearest even millage above 
the amount required. If an even rate wei’e used which would produce an amount in 

excess of the budget so small as to be of no substantial consequence, the court would 

in all probability declare it so and sustain the levy on that theory. (Atty. Gen., May 
3, 1923.) 

42. Special elections are held in accordance with the law governing annual elec¬ 
tions outlined in secs. 522 to 527, inclusive. (Supt. Pub. Instr., Sept. 17, 1919.) 

43. A surplus in the general fund at the end of the school year, no part of which 

fund was specifically raised for building pui’poses, may be used to make up the current 
expense estimate for the coming year and a levy may be made for building purposes 
in an amount necessary for the construction of a building. In case this amount plus 
the amount to be levied for current expenses, does not exceed ten mills, no special 
authorization for an additional levy will be required by vote of the electors though 
authorization to build will be required under any circumstances. If the total amount 





State of Washington 


327 


exceeds ten mills, the additional levy will of course have to be authorized by majority 
vote, the purpose being indicated on the ballot and the question of authorization to 
build being submitted as an independent question. Or it might be more convenient to 
submit the latter question to the voters at a special meeting as provided for in sec. 528, 
in lieu of submitting it at an election. By the method here outlined the same result is 
ultimately obtained, as if the money on hand were available for building purposes. 
(Supt. Pub. Instr., Aug. 10, 1920.) 

44. Neither state nor county apportionment funds can ever be used for building. 
Funds raised by district tax levy may be so used only when they have been raised for 
building purposes. This fact may be indicated when they are within the ten-mill 
limit by itemizing them for building purposes in the budget required by secs. 729 and 

745, when they are above the ten-mill limit by a statement of purpose on the ballot 
authorizing the special levy. This statement must be included when the question of 
raising the levy is voted upon even though the board has already been authorized by 
vote of the district to erect the building for which the special levy is made. And in 
.addition, the purpose will of course be further indicated, as in the case of a levy below 
the ten-mill limit, by itemizing under the heading of building purposes in the budget. 
(Supt. Pub. Instr., Sept. 10, 1920.) 

746. Shall select sites and build houses when directed by the people 

The board shall build or remove school houses, purchase or sell lots or 
other real estate, when directed by a vote of the district to do so: Provided , 
That a school house already built on a site which has been selected by a majority 
vote of the legal school electors of a district shall not be removed to a new 
site without a two-thirds vote of the school electors voting at an annual or 
special election; nor shall a school house site that has been selected by a 
majority vote of the legal school electors, but upon which no school house has 
been built, be changed except by a two-thirds vote of the legal school electors 
voting at an annual or special school election as hereinbefore provided. (L. ’09, 
p. 303, sec. 13; R. C. S., sec. 4835; P. C., sec. 5039.) 

1. A writ of mandate will not issue to compel school directors to pay over to 
the county treasurer insurance money raised on a loss by fire of a school building in 
their district, to be divided between it and a new district recently formed out of it, 
when the money has been actually expended by the directors in the erection of a new 
school-building, pursuant to a unanimous vote of the electors of the district. Man¬ 
damus cannot be invoked as a remedy to recover moneys misapplied by public officers, 
for in such cases the public has another and different remedy exclusively: Elder v. 
Territory, 3 Wash. Ter. 438. 

2. Where a majority vote has been cast in favor of issuing bonds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a schoolhouse with the proceeds of a special levy: Stim- 
son Timber Co. v. Mason County, 97 Wash. 205. 

3. The directors of a school district of the third class may sell real estate under 
contract of purchase and sale and are not limited to cash sale when specifically 
authorized by the voters to make sale by contract: School District No. 176 v. Sanford, 
121 Wash. 42. 

4. A majority vote in favor of a special tax for building purposes is not sufficient 
to authorize the directors to build a schoolhouse. The board must either at an election 
or at a special meeting submit the question to the voters of the district as to whether 
authority shall be given to build a new schoolhouse or schoolhouses. (Atty. Gen. Ops., 
1899-1900, p. 67.) 

5. The directors of a school district of the second or third class have no authority 
to purchase a portable schoolhouse without authorization of the electors. (Atty. Gen. 
Ops., 1903-4, p. 125.) 

6. Purchase of a portable schoolhouse may be authorized at a special meeting 
held under provisions of sec. 52S. (Atty. Gen. Ops., 1903-4, p. 127.) 

7. Without vote of the electors of the district school directors are not empowered 
to abandon the original school and maintain school only in a rented building where 
school had been established merely as a temporary expedient without authority from 
the people. (Atty. Gen. Ops., 1903-4, p. 230.) 

8. If the school site was purchased from parties who now own adjacent land and 
refuse to permit children to cross the same, that being the only way by which the 
children could reach the schoolhouse, there would seem to be a right of ingress and 
egress to and from such school grounds which would be implied from the grant. If 
the present and former owners of the land have permitted school children to cross such 
land without interruption for ten years or more along one or more definite routes, the 
children would have gained a prescriptive right to reach the school grounds by such 
routes. (Atty. Gen. Ops., 1905-6, p. 391.) 

9. The directors do not have power to choose and purchase a site for a new 
school-building to accommodate the increasing population without having submitted the 
matter to the voters of the district. (Atty. Gen. Ops., 1907-8. p. 104.) 

10. Where necessity for a highway greatly exceeds the necessity for a school- 
house site at the same place, the same may be taken on condemnation by the city—at 
least, where the land to be taken from a schoolhouse site is not indispensable to the 
use of the remainder of the site for school purposes, or where a street would not 
materially interfere with the use of the remainder of the site, the same can be taken 
by the city. (Atty. Gen. Ops.. 1907-8, p. 371.) 

11. School district directors are not authorized to sell school property on con¬ 
dition and it would be unlawful, at the election called to determine the question of sale 




328 


Code of Public Instruction 


740. Shall select sites and build houses when directed by the people— 
Continued 

of an old school site, to designate that the property shall be sold only for a particular 
purpose. (Atty. Gen. Ops., 1909-10, p. 2.) 

12. The question whether the site of the sehoolhouse can be changed may be 
re-submitted to the voters as often as general elections may occur, or as special 
elections may be called by the directors. The courts might interfere to prevent a 
reckless and fruitless expenditure of the funds of a district in the proposed holding of 
an election, where the same proposition had been recently and repeatedly defeated. 
‘Atty. Gen. Ops., 1909-10, p. 27.) 

13. After once having located its sehoolhouse site a district cannot sell such site 
by majority vote and then purchase another site by majority vote, since two-thirds 
vote is required for change of site. (Atty. Gen. Ops., 1911-12, p. 10.) 

14. The directors of a school district have no authority without a vote of the 
electors of the district to sign a waiver granting to the county a right-of-way over a 
portion of the school grounds for a public highway. (Atty. Gen. Ops., 1911-12, p. 160.) 

15. Moneys left by will to the general fund of a school district cannot be paid 
out on warrants for the purchase of a building for school purposes. (Atty. Gen. Ops., 
1911-12, p. 205.) 

16. A majority vote of the electors of the district at a special meeting which 
authorizes only the building of a sehoolhouse does not confer upon the directors the 
power to incur indebtedness in excess of the limit fixed by sec. 780, but simply 
authorizes the directors to build such sehoolhouse with the money available, and in 
the event that it can be built without the incurring of an indebtedness. If the question 
of incurring indebtedness is submitted at a special school meeting it should be stated 
in such form that the voters will at least pass on the amount of the indebtedness to be 
incurred. (Atty. Gen. Ops., 1911-12, p. 302.) 

17. Directors of a school district of the second or third class may use the pro¬ 
ceeds of a bond issue for purchase of a site other than that designated in the proposi¬ 
tion submitted at the bond election if such change of site is subsequently authorized 
by two-thirds vote of the qualified electors voting at an election. (Atty. Gen. Ops., 
1913-14, p. 11.) 

18. The purchase of an additional sehoolhouse site is neither moving a school- 
house to a new site nor the changing of a sehoolhouse site already selected, and 
therefore may be authorized by only a majority of the electors of the district. (Atty. 
Gen. Ops., 1913-14, p. 242.) 

19. The power and duty of determining the amount of the school district tax 
rests with the officers of the school district and the levying of the tax therefor by the 
county commissioners is purely a ministerial act. (Atty. Gen. Ops., 1913-14, p. 243.) 

20. Authority to change a school site once selected by the electors of the district 
cannot be conferred upon the directors by a vote of the electors of the school district 
taken at a special meeting, held under the provisions of sec. 528, since sec. 746 provides 
that the change must be made by two-thirds vote of the electors voting at an annual 
or special school election. (Atty. Gen. Ops., 1913-14, p. 304.) 

21. A school district which without any attempt to secure the right to use public 
lands as a school site, builds a sehoolhouse upon such lands, which were later lawfully 
acquired by a homesteader to whom a patent therefor was issued by the United States, 
would have no claim of right as against the homesteader for the improvements that 
had been put upon the lands under such conditions. (Atty. Gen. Ops., 1913-14, p. 332.) 

22. A district owning more than one sehoolhouse is not required to maintain 
school in each building. (Atty. Gen. Ops., 1913-14, p. 452.) 

23. The directors of a consolidated district owning more than one sehoolhouse 

have the authority without the vote of the district to designate in which sehoolhouse 
or schoolhouses school shall be held, if they deem it advisable not to hold school in all 
of them, and they may dispose of schoolhouses and sites which are no longer needed, 
in accordance with the procedure outlined in secs. 728 and 746. (Attv Gen Ons 
1913-14, p. 452.) ‘ 

24. The authority conferred by subd. 3 of sec. 582, prescribing powers and duties 
of directors, does not authorize the directors to construct an addition to a building 
without a vote of the district, but is confined to repairs. (Atty. Gen. Ops., 1915-16 
p. 149.) 

25. Directors of a school district of the second or third class, in addition to 

submitting to the electors of their district the question of whether or not a site shall 
be purchased, must also submit the question of the location of the site (Attv Gen 
Ops., 1915-16, p. 350.) • y * 

26. The words “when directed by a vote of the district to do so” mean a majority 
vote of the electors voting upon the proposition of purchasing the particular site and 
do not require a majority of all votes cast on all propositions at the particular elec¬ 
tion. (Atty. Gen. Ops., 1917-18, p. 51.) 

27. After the electors have voted to bond a district in the sum of thirty-five 

hundred dollars for the purpose of building a two-room addition to the sehoolhouse 
and increased costs make it impossible to construct such addition for less than seven 
thousand dollars, another election may be held to secure authorization for issuance 
of additional bonds in such amount as will permit construction of the building as 
previously authorized, so long as the debt limit of the district is not exceeded ( Attv 
Gen. Ops., 1917-18, p. 314.) v y ’ 

28. If a contract for the purpose of building an addition to a school resulted in 
bringing the indebtedness of a district beyond the limit allowed by law and no tax 
levy was made for the purpose of building such addition, the indebtedness on that 
account would for that reason be void, and warrants issued in payment thereof invalid 






State of Washington 


329 


746. Shall select sites and build houses when directed by the people— 
Continued 

Teachers’ salaries, in accordance with their contracts, would be a valid claim against 
the district if such contracts were made prior to the contract for such addition, and 
if such teachers’ contracts did not exceed the indebtedness that might be legally 
incurred. (Atty. Gen. Ops., 1919-20, p. 51.) 

29. Land donated for a schoolliouse to be used for high school and grade work 
is a new site under the law, unless the old site upon which the present grade school 
is maintained is to be sold or used for other purposes. (Atty. Gen., June 2, 1910.) 

30. A vote of the district is necessary to authorize the building of an addition to 
house the manual training and domestic science department. (Atty. Gen., June 16, 
1913.) 

31. The directors of a school district of the third class are not required by statute 
to advertise for bids for the construction of a school-building before entering into a 
contract therefor. They may advertise for bids if they see fit to do so, but would not 
be required to accept any one of the bids received and, if they deem it advisable, they 
may refuse all bids even though they did not so specify in their advertisement. Their 
authority in this respect is not defined or limited by statute and their advertisement 
would constitute nothing more than a request for an offer. If they are satisfied that 
it is not for the best interests of the district to let the construction to the lowest 
bidder, they have authority to refuse all bids and enter into a contract which in their 
judgment is satisfactory without thereby rendering themselves liable in any manner 
to the unsuccessful bidders. (Atty. Gen., Sept. 10, 1914.) 

32. A vote which results in a tie between two sites submitted for selection does 
not authorize the directors to purchase either site. (Atty. Gen., Nov. 22, 1915.) 

33. A school district is not prohibited from securing a site for a schoolhouse 
upon a portion of an Indian reservation situated within its boundaries. (Atty. Gen., 
Apr. 25, 1916.) 

34. Directors of a school district of the third class are not required to provide 
for the construction of a school-building by contract, but may do so by day labor if 
they deem it for the best interests of the district. (Atty. Gen., June 16, 1916.) 

35. Moneys received upon a fire insurance policy covering the loss of a school¬ 
building of a district of the third class cannot be used for the purpose of constructing 
a new building until its construction has been authorized by the voters of the district 
and the plans and specifications have been approved by the county superintendent of 
schools, even though such plans and specifications are the same as those of the build¬ 
ing destroyed by fire. (Atty. Gen., Oct. 27, 1916.) 

36. An outbuilding, such as a toilet or fuel shed, which comes strictly within the 
provisions of subd. 4, sec. 582, that is, one which is needed for heating, lighting or 
ventilating the school-building or keeping the premises cleanly and sanitary, may be 
built without approval of the electors. However, the construction of outbuildings 
which would not be used for any of the purposes enumerated in that subdivision would 
require the vote of the electors. (Atty. Gen.. Mar. 11, 1920.) 

37. If the funds obtained for the building of a new schoolhouse are not sufficient 
to complete the building and the authorization for its construction was given under 
sec. 746, the building to be paid for by general taxation, it would seem that no further 
vote is necessary unless the vote restricted the amount to be expended, if the vote was 
had pursuant to sec. 798, relating to the issuance of bonds. The power of the directors 
to make expenditures for this purpose would be limited by the amount specified on the 
ballot and, if further expenditure is desirable, it would first be necessary to submit 
the question to the voters of the district, as required by sec. 746. (Attj'. Gen.. Aug. 
3, 1920.) 

38. A district of the second class may submit to the voters a proposition to pro¬ 
vide for the purchase of a site for a school-building and also the question of issuing 
bonds in an amount estimated to be sufficient for the purchase of such site, as a 
separate proposition from several propositions for issuance of bonds. Segregation of 
propositions is to be favored. (Atty. Gen., Feb. 17, 1921.) 

39. A school district cannot own or control real property jointly. The directors 
cannot enter into an agreement for joint control or ownership of a ball park. (Atty. 
Gen., Feb. 17, 1921.) 

40. Directors of a school district of the third class have the power to close one 
of the schools of such district without a vote of the people. (Atty. Gen., Apr. 15, 1921.) 

41. Where a change of site was proposed to the voters of the district and two 
prospective new sites were submitted in such proposition, the wrong description of a 
site which was not selected would not invalidate the election. (Atty. Gen., Apr. 21, 
1921.) 

4 2 A site which has been legally selected by the voters of a consolidated district 
cannot be changed by less than two-thirds vote. (Atty. Gen., Apr. 21, 1921.) The 
foregoing opinion does not modify the previous opinion of the attorney general (Atty. 
Gen Ops., 1905-6, p. 28) where, in passing upon the original location of a schoolhouse 
after consolidation of two school districts it was held that a consolidated distinct 
became a new district and therefore the establishment of a schoolhouse site in such 
district was not a change of site. (Atty. Gen., May 2. 1921.) 

43 The code contemplates two methods of raising money for the building of 
schoolhouses: (1) sale of bonds; (2) a special tax levy for that purpose. A school 
district must adopt one or the other method in raising funds to build a schoolhouse 
and a vote of the electors authorizing the construction of the schoolhouse by the 
issuance and sale of bonds does not confer power on the board of directors to proceed 
with the construction by the issuance of warrants on the building fund. (Atty. Gen., 
July 16, 1914 ; May 16, 1921.) 





330 


Code of Public Instruction 


746. Shall select sites and build houses when directed by the people*-- 

Continued 

44. A majority vote is sufficient to authorize the directors to purchase lots 
separated from the original site only by a public road for the erection of an auditorium 
thereon, since the election is not to change the site of the school, but to purchase 
additional property upon which to erect another building. (Atty. Gen., June 21, 1922.) 

45. The proceeds of an insurance policy collected by a school district cannot be 
used for general current expense until such time as the directors shall be authorized 
by vote of the district to erect another building, but should be placed and kept in the 
building fund until such authority is granted. (Atty. Gen., Aug. 23, 1922.) 

46. Where a school district of the third class has erected a new school-building 
to take the place of two old ones for which it has no further use. an election is 
necessary to authorize the directors to sell the old sites, and if it is desired to abandon 
them and create a new school in their stead it is, in effect, the removal to a new site 
and requires a two-thirds vote in order to authorize abandonment and sale of the old 
sites. (Atty. Gen., Apr. 2, 1923.) 

47. The statutes relating to sale of real estate of a school district of the third 
class do not prescribe the manner in which the sale shall be effected and do not 
require that such sale shall be made at public auction or upon sealed bids, or that it 
shall be advertised. The directors having secured the proper consent of the voters to 
sell real property, may make such sale in whatever manner they deem to be to the 
best interests of the district. Such sale must be made for cash and not for terms. 
(Atty. Gen., Apr. 2, 1923.) 

4 8. A donated site must be voted upon by the qualified electors of the district. 
(Supt. Pub. Instr., May 10, 1915.) 

49. Vote of the electors is necessary to authorize the building of a teacher’s 
cottage. (Supt. Pub. Instr., Sept. 4, 1919.) 

50. Money from the general fund of a school district cannot be used to purchase 
land. (Supt. Pub. Instr., May 10, 1920.) 

51. While there is no provision of law relating to advertisement for bids in 
districts of the second or third classes, it is good policy for such districts to advertise 
as far as possible in accordance with the plan outlined for districts of the first class 
in sec. 660. If no paper is published in the district, advertisement might be inserted in 
some paper published in the county. (Supt. Pub. Instr., July 6, 1920.) 

52. If a school-building is erected on the district property by private subscription, 
without expectation of remuneration on the part of the subscribers and without any 
express agreement as to reversion to the grantors, or retention of title in them, such 
building is the property of the district. (Supt. Pub. Instr., Apr.. 11. 1921.) 

53. Funds to be used to build a gymnasium cannot be transferred from that use 

and applied to the building of a teacher’s cottage without authorization by the electors 

of the district. (Supt. Pub. Instr., May 15. 1922.) 

54. The law does not contemplate the use of any part of the general fund for 

the purchase of a school building, portable or otherwise. (Supt. Pub. Instr. July 

18, 1922.) 

747. County superintendent shall approve plans 

Whenever any hoard of directors shall be authorized by the electors of 
their district, to erect a school building, it shall be the duty of such board, 
before entering into any contract for the erection of any buildings, to obtain 
the approval of the county superintendent, of the plans and specifications for 
the building to be erected, including also the heating, lighting, ventilating and 
safety thereof. (L. ’09, p. 304, sec. 14; R. C. S., sec. 4836; P. C., sec. 5040.) 

Cross-references: Doors of school buildings to swing outward, sec. 28; similar 
provisions for approval, sec. 442 ; duty of county superintendent to enforce sec. 442, 
sec. 440, subd. 20 ; directors to cause all school buildings to be properly heated, lighted 
and ventilated, sec. 582. subd. 4 ; approval of supervisors required when buildings are 
to be used for community purposes. sec. 640 ; county superintendent to withhold ap¬ 
portionment in event of violation of this section, sec. 775. 

1. A county school superintendent has no authority to refuse approval of plans and 
specifications for the reason that the site unon which a school building or buildings 
are to be constructed does not meet with his approval. (Atty. Gen. Ops., 1907-8, p. 
521.) 

2. The general power of supervision conferred upon the county superintendent 
is not broad enough to confer power to condemn a school building which in his or her 
opinion is inadequate to meet the needs of the school district, nor is such power granted 
by any other provision of the statute. (Atty. Gen. Ops., 1915-16, p. 345.) 

.3. "Where buildings are to be used for school purposes only, approval as provided 
for in this section is required and approval of the board of supervisors as provided for 
m sec. 639. when buildings are used for community purposes is unnecessary (Attv 
Gen. Ops., 1921-22, p. 199.) 

4. A contract for the construction of a schoolhouse is void when let upon plans 
Rnd specifications not approved by the county superintendent and construction which 
nas already been commenced should he stopped until the approval of the superintendent 
is secured. (Atty. Gen. Ops., Jan. 16. 1923.) 

. When a, contract has been let and construction of a schoolhouse commenced 

in accordance with plans and specifications not approved by the county superintendent 
the present contractor may proceed with the work after approval by the county 



State of Washington 


331 


superintendent if the plans and specifications provide for a total cost within the 
amount of the bond issue. (Atty. Gen. Ops., Jan. 16, 1923.) 

6. Sec. 442 requires approval of the plans and specifications by the county 
superintendent of schools but other matters relating to the terms of contracts and 
the manner in which they shall be let are left entirely to the directors. (Atty. Gen., 
Sept. 10, 1914.) 

7. This section does not prohibit the construction of school buildings by day 
labor by districts of the third class but merely inquires the approval of the plans by 
the county superintendent before the directors enter into any contract in connection 
with the erection of school buildings by third class districts, whether they be con¬ 
tracts for day labor, material, construction or the like. (Atty. Gen., June 16, 1916.) 

• 8. Moneys received upon a fire insurance policy covering the loss of a school 

building of a district of the third class cannot be used for the purpose of constructing 
a new building until its construction has been authorized by the voters of the district 
and the plans and specifications have been approved by the county superintendent of 
schools even though such plans and specifications are the same as those of the build¬ 
ing destroyed by fire. (Atty. Gen., Oct. 27, 1916.) 

9. There is no statute prescribing the number of cubic inches of air space al¬ 
lotted to each pupil in the public schools. (Supt. Pub. Instr., Mar. 1, 1915.) 

10. The county health officer can condemn school buildings that are poorly 
lighted, although this is largely a matter of discretion. (Supt. Pub. Instr., Mar. 8, 
1916.) 


CHAPTER 7—STATE SCHOOL* REVENUES 


ARTICLE I—PERMANENT SCHOOL. FUND 

748. Source of school funds. 

749. Loss a permanent debt to the state. 

750. Investment of state educational funds—board of finance. 

751. Records—office. 

752. Rules—treasurer chairman of board. 

753. Investment, in what bonds lawful—school district bonds pre¬ 
ferred. 

754. Investment of the permanent school fund in state bonds. 

755. Bonds—description of, interest, maturity, etc. 

756. Bonds—printing, signing, etc. 

757. Proceeds of bonds used to call general fund warrants. 

758. Interest, to current school fund. 

759. Redemption. 

748. Source of school funds 

The principal of the common school fund shall remain permanent and irre¬ 
ducible. The said fund shall be derived from the following named sources, 
to-wit: Appropriations and donations by the state to this fund; donations and 
bequests by individuals to the state or public for common schools; the proceeds 
of lands and other property which revert to the state by escheat and forfeiture; 
the proceeds of all property granted to the state, when the purpose of the grant 
is not specified, or is uncertain; funds accumulated in the treasury of the state 
for the disbursement of which provision has not been made by law; the pro¬ 
ceeds of the sale of timber, stone, minerals or other property from school and 
state lands, other than those granted for specific purposes; all moneys received 
from persons appropriating timber, stone, minerals and other property from 
school and state lands, other than those granted for specific purposes, and all 
moneys other than rental, recovered from persons trespassing on said lands; 
five per centum of the proceeds of the sale of public lands lying within the 
state, which shall be sold by the United States subsequent to the admission of 
the state into the union as approved by section 13 of the act of congress enabling 
the admission of the state into the union; the principal of all funds arising 
from the sale of lands and other property which have been, and hereafter may 
be, granted to the state for the support of common schools and such other funds 
as may be provided by legislative enactment. (L. ’09, p. 320, sec. 1; R. C. S., 
sec. 4932; P. C., sec. 5101.) 

Note : This section is a copy of part of Const., art. 9, sec. 3. 

1. Moneys derived from the permanent school fund cannot be used for the 
purpose of paying interest on school district bonds. (Atty. Gen. Ops., 1893-94, p. 83.) 

2. Money turned into the state treasury by the board of accounting should be 
credited to the common school fund. (Atty. Gen., May 29, 1920.) 





332 


Code of Public Instruction 


749. Loss a permanent debt to the state 

All losses to the permanent common school or any other state educational 
fund, which shall be occasioned by defalcation, mismanagement or fraud of the 
agents or officers controlling or managing the same, shall be audited by the 
proper authorities of the state. The amount so audited shall be a permanent 
funded debt against the state in favor of the particular fund sustaining such 
loss, upon which not less than six per cent annual intreest shall be paid. (L. 
’09, p. 321, sec. 2; R. C. S., sec. 4933; P. C., sec. 5102.) 

Note : This section is a copy of part of Const., art. 9, sec. 5. 

750. Investment of state educational funds—board of finance 

There is hereby created a board which shall be known and designated as 
the “state beard of finance.” Said board shall be composed of the governor, 
state treasurer and state auditor: Provided , however, That the governor may 
designate and appoint some state officer as his representative. (L. ’07, p. 16, 
sec. 1; P. C., sec. 6640.) 

751. Records—office 

Said board shall keep a full and complete record of all their proceedings 
in appropriate books of record, and a clerk in the office of the state auditor 
shall act as the secretary of the said board. Their office shall be in the office 
of the state auditor, and all records and correspondence relating to the said 
board shall be kept in the office of the state auditor, and shall be subject to 
public inspection. (L. ’07, p. 17, sec. 2; R. C. S., sec. 5537; P. C., sec. 6641.) 

Note: The administrative code, Laws 1921, p. 12, sec. 6; R. C. S., sec. 10764; 
P. C. sec. 4-6, provides that the powers and duties of the state board of finance shall 
be vested in the state finance committee, consisting of the state treasurer, the state 
auditor and governor. 

752. Rules—treasurer chairman of board 

Said state board of finance shall make appropriate rules and regulations 
for the carrying out the provisions of this act, not inconsistent with law, and 
the state treasurer shall act as chairman of said state board of finance. (L. ’07, 
p. 17, sec. 3; R. C. S., sec. 5538; P. C., sec. 6642.) 

Note: See note to sec. 750. 

753. Investment, in what bonds lawful—school district bonds preferred 

Whenever there shall be in the permanent school funds of the state, or in 
the permanent funds of the normal school, state university, scientific school, 
agricultural college, or the charitable, educational, penal and reformatory in¬ 
stitutions, one thousand dollars or more available for investment, said state 
board of finance shall invest the same in national, state, county, municipal or 
school district bonds, bearing not less than three and three-fourths per cent 
interest per annum, paying therefor not more than the par value thereof: 
Provided, The word bonds in this section shall not be interpreted to mean or 
include any special, or assessment district bonds or bonds other than those to 
be found within the limit of indebtedness prescribed by law, or regularly created 
and issued as general indebtedness bonds: Provided , further, That school dis¬ 
trict bonds, regularly created and issued, shall be given preference in said in¬ 
vestments. Upon such investment being made, the state auditor shall draw his 
warrant on said fund for the amount so invested, and the bonds so purchased 
shall be deposited with the state treasurer, whose duty it shall be to collect all 
interest payments falling due thereon, and the principal at maturity. (L. ’07, 
p. 17, sec. 4; R. C. S., sec. 5539; P. C., sec. 6643.) 

Note: See note to sec. 750. 

Cross-references: Common school fund created, Const., art. *. sec. 3 ; investment 
of permanent school fund, Const., art. 16, sec. 5; state university permanent fund, 
sec. 70: permanent school fund, sec. 748; limit of indebtedness, secs. 785 et seq. and 
sec. 798 ; school district bonds, secs. 793 and 798. 

1. Under the provisions of Const., art. 16, sec. 5, authorizing the investment of 
the permanent school fund, “in national, state, county or municipal bonds,” the moneys 
in such fund may be invested in school district bonds, as school districts are municipal 
corporations within the purview of our state constitution : State v. Grimes 7 Wash 
270. 





333 


State of Washington 


2. Warrants are not bonds within the meaning of Const., art. 16, sec. 5, providing 
that the permanent school fund may be invested ih national, state, county or municipal 
bonds, but that none of it shall ever be loaned; and hence Laws 1899, p. 53, authorizing 
the investment thereof in state warrants is unconstitutional as a loaning of the 
permanent school fund: State ex rel. Hellar v. Young, 21 Wash. 391. 

3. Bonds issued by a city under Laws 1901, p. 177, to defray the cost of the con¬ 
struction of waterworks, which are payable only out of a special fund derived from 
the revenues of the waterworks system, and for which the city is not in any way 
liable, are not municipal bonds within the meaning of Const., art. 16, sec. 5, authorizing 
the investment of the permanent school fund in municipal bonds, as such provision 
contemplates the protection of the permanent school fund by investment in bonds 
secured by a pledge of the credit of the municipality: State ex rel. Port Townsend v. 
Clausen, 40 Wash. 95. 

4. Tlie determination of the board of state land commissioners as to the propriety 

and safety in investing the permanent school fund is conclusive on the state auditor 
and on the courts, when not impeached for bad faith or fraud: Id. 

5. The permanent school fund cannot be lawfully invested in bonds issued by a 

school district to cancel outstanding indebtedness if the total amount of such indebt¬ 
edness and of such bond issue will increase the debt of the district beyond the legal, 
limit, since the debt is necessarily increased while the exchange is being made and. 
the bonds are therefore invalid: State ex rel. Atkinson v. Ross, 43 Wash. 290. 

6. Where bonds issued by a school district in excess of the constitutional limit of 
indebtedness were purchased by the state officers empowered to invest the school fund,, 
mandamus will not lie to compel the state auditor to issue a warrant for such portion 
of the bonds as would fall within the constitutional limit, the bonds being void and, 
attached prior to acceptance of the issue ; there being in such case no question of 
estoppel or good faith: State ex rel. Zylstra v. Clausen, 66 Wash. 324. 

7. Under Const., art. 16, sec. 5, authorizing the investment of the permanent 

school fund in state bonds, the investment cannot be made in state capital building 

bonds issued against the capitol building fund to be derived from the sale of the 

capitol lands, unless the general credit of the state is lawfully pledged to the payment 
of the principal and interest of the bonds: State Capitol Com. v. State Board of 
Finance et al., 74 Wash. 15. 

8. If it appears from the bond transcript that the notice of election fixed seven>. 
o’clock in the evening as the hour for opening the polls, the directors should be re¬ 
quested to call another election for the purpose of determining whether or not the- 
bonds should be issued. (Atty. Gen. Ops., 1903-4, p. 23.) 

9. The permanent school fund may not be invested in capitol building warrants. 
(Atty. Gen. Ops., 1903-4, p. 66.) 

10. The state finance committee has no authority to use the permanent school 
fund to purchase warrants issued by a city, but after the warrant indebtedness has 
been refunded by issuance of bonds the city could sell the bonds to the state. (Atty. 
Gen. Ops., 1905-6, p. 309.) 

11. The permanent school fund cannot be invested in drainage district bonds. 
(Atty. Gen. Ops., 1907-8, p. 225.) 

12. Neither the state finance committee nor the state treasurer has authority to 
permit the redemption of school district bonds before the end of one year from the 
date of issuance when the bonds provide that they may be redeemed at any time after 
one year on any interest paying date. (Atty. Gen. Ops., 1913-14, p. 266.) 

13. The state treasurer has no authority to sell school bonds purchased and 
deposited by the state finance committee. (Atty. Gen. Ops., 1913-14, p. 435.) 

14. Township bonds when regularly issued are a legal investment for the state’s 
permanent school fund. (Atty. Gen. Ops., 1913-14, p. 468.) 

15. General water district bonds when regularly issued are legal investments for 
the permanent school fund. (Atty. Gen. Ops., 1917-18, p. 232.) 

16. The state permanent school funds may not be invested in the bonds of 
irrigation districts. (Atty. Gen. Ops., 1913-14, p. 115; 1921-22, p. 358.) 

17. The permanent school fund cannot legally be invested in shore land improve¬ 
ment fund warrants. (Atty. Gen., Jan. 15, 1916.) 

18. The attorney general will not approve bonds of a district other than of the 
first class as a legal investment for the state permanent fund if the bond election was 
held at more than one polling place. (Atty. Gen., Aug. 8, 1917.) 

754. Investment of the permanent school fund in state bonds 

Whenever there shall be in the hands of the state treasurer, belonging to 
the state permanent school fund, money to the amount of five thousand dollars 
or more, of which no investment can be made in the securities now or here¬ 
after authorized by law, and the state shall have an outstanding general fund 
warrant indebtedness in amount equal to or greater than the amount of five 
thousand dollars ($5,000), the governor of the state and the state auditor are 
hereby authorized, and it shall be their duty, to issue the bonds of the state 
of Washington in amount equal to that amount, and sell and deliver such bonds 
to the state treasurer for the account of the state permanent school fund at the 
face or par value thereof. (L. ’99, p. 67, sec. 1; R. C. S., sec. 5540; P. C., sec. 
6715.) 

1 Bonds issued bv the state for sale to the permanent school fund under 
this section do not increase the debt of the state, but simply transfer cash in one 






334 


Code of Public Instruction 


fund to another fund which is used at once in the redemption of general fund warrants : 
State ex ret. Winston v. Rogers, 21 Wash. 206. 

2. Under Const., art. 16, sec. 5, authorizing the investment of the permanent 
school fund in state bonds, the investment cannot be made in state capitol building 
bonds issued against the capitol building fund to be derived from the sale of the 
capitol lands, unless the general credit of the state is lawfully pledged to the payment 
of the principal and interest of the bonds: State Capitol Com. v . State Board of 
Finance et al., 74 Wash. 15. 

3. The permanent school fund cannot be invested in bonds issued by the state of 
Washington in excess of its constitutional limit of indebtedness. (Atty. Gen. Ops.. 
1899-1900. p. 40.) 

4. This section is mandatory on the governor and auditor and they are not 
permitted to exercise discretion as to when the investment should be made. (Attv. 
Gen. Ops., 1899-1900, p. 65.) 

755. Bonds—description of, interest, maturity, etc. 

Such bonds shall bear date of issue and be issued in denominations of five 
thousand dollars ($5,000), and shall bear interest at the rate of three and one- 
half per cent per annum, payable semi-annually on the first day of May and 
November of each year until paid, payable out of the state general fund, and the 
state treasurer is hereby authorized and directed to transfer from the said 
state general fund to the said current school fund sufficient money to pay said 
interest as the same falls due, and certify the same to the state auditor, which 
certificate shall be authority to said auditor to make the necessary and proper 
entries in the books and records of his office to show such transfer. The prin¬ 
cipal of said bonds shall be payable, any or all of the'm, on or before twenty 
years from the date of issue, to the state treasurer for the account of the state 
permanent school fund, out of the state general fund, to which the proceeds 
thereof shall have been credited, and when paid the principal thereof shall be 
credited to the state permanent school fund. (L. ’01, p. 388, sec. 1; R. C. S., 
sec. 5541; P. C., sec. 6716.) 

Cross-references: Investment of permanent school fund, Const., art. 16, sec. 5 ; 
current school fund, sec. 760. 

756. Bonds—printing, signing, etc. 

Said bonds shall be printed on good bond paper and shall each be signed 
by the governor and personally attested by the state auditor, and sealed with 
the seal of the state auditor, but no coupon need be attached thereto. (L. ’99, 
p. 68, sec. 3; R. C. S., sec. 5542; P. C., sec. 6717.) 

757. Proceeds of bonds used to call general fund warrants 

It shall be the duty of the state treasurer, whenever any such bonds are 
executed and presented to him to invest the state permanent school fund in 
such bonds to the amount of the face or par value thereof at par, and receipt 
to the state auditor therefor, and at once transfer from the state permanent 
school fund to the state general fund money to the amount of the face or par 
value of such bonds so delivered to him, and the money so transferred to the 
general fund shall be at once used in the redemption of outstanding general 
fund warrants. (L. ’99, p. 68, sec. 4; R. C. S., sec. 5543; P. C., sec. 6718.) 

758. Interest, to current school fund 

All interest paid on such bonds shall be credited to the current common 
school fund of the state on the day it falls due. (L. ’99, p. 69, sec. 5; R. C. S. 
sec. 5544; P. C., sec. 6719.) 

Cross-reference: Current school fund, sec. 760. 


759. Redemption 

It shall be the duty of the state treasurer to redeem any of said bonds on 
any interest pay day whenever, and to the extent that he shall have in his 
hands money belonging to the state general fund equal to one or more of such 
bonds in excess of all outstanding general fund warrants. (L. ’99, p. 69. sec. 6; 
R. C. S., sec. 5545; P. C., sec. 6720.) 


State of Washington 


335 


ARTICLE II—CURRENT SCHOOL FUND 

760. Current school fund—annual state school tax. 

761. Tax levy must be certified. 

762. Fines, penalties and forfeitures placed to credit of fund. 

763. State apportionments. 

764. County superintendents’ reports basis for apportionment. 

765. Total days’ attendance the basis of apportionment. 

766. Attendance of non-resident pupils. 

767. Clerk may claim attendance for district. 

768. Private schools shall report attendance 

769. Attendance in high schools. 

770. Attendance in parental schools. 

771. Attendance in night schools. 

772. Bonus to high school grades. 

773. County superintendent shall apportion funds. 

774. Credit for period when school is unavoidably closed. 

775. County superintendent shall withhold apportionment, when. 

760. Current school fund—annual state school tax 

The interest accruing on said permanent school fund, together with all 
rentals and other revenues derived therefrom, and from lands and other property 
devoted to the common school fund, shall be exclusively applied to the current 
use of the common schools. 

In addition thereto it shall be the duty of the state board of equalization, 
annually, at the time of levying taxes for state purposes, to levy a tax sufficient 
to produce a sum which, when added to the amount of money derived from in¬ 
terest and other income from the state permanent school fund during the pre¬ 
ceding school year, shall equal twenty dollars for each child of school age 
residing in the state as shown by the last reports of the several county superin¬ 
tendents to the superintendent of public instruction. 

The fund provided by this section shall be known as the current state school 
fund. (L. '20, p. 15, sec. 1; R. C. S., sec. 4934; P. C., sec. 5103.) 

Cross-references: Annual report of county superintendent, sec. 440, subd. 11 ; 
census ages, secs. 587, subd. 3, 662 and 635 ; permanent school fund, sec. 748 ; treasurer 
to transfer money from the general fund to the current school fund to pay interest 
on state bonds, sec. 755; interest on such bonds to be credited to current common 
school fund, sec. 758. 

1. A law proposing to use part of the current school fund for the teachers' 
retirement fund would be unconstitutional. (Atty. Gen. Ops., 1911-12, p. 6.) 

2. The 1920 amendment of this section repeals that part of the former section 
which limited the state school levy to five mills. (Atty. Gen., Nov. 10, 1921.) 

761. Tax levy must be certified 

The tax levy authorized by section 760 shall be certified to the several 
county auditors in the same manner as other state taxes are required to be 
certified, and shall be collected and retained as other public funds, by the county 
treasurers, until paid out in the manner prescribed by law. 

The county treasurer shall certify to the state auditor the amount of 
moneys so collected. It shall be the duty of the state auditor, within thirty 
(30) days after the date at which the county treasurers are required to trans¬ 
mit state funds to the state treasurer, to certify to the superintendent of public 
instruction the amount of all current state school funds in the hands of the 
state treasurer and county treasurers subject to apportionment. In the event 
that there shall be an excess over the amount apportioned in the hands of the 
county treasurer, the amount shall be transmitted forthwith to the state treas¬ 
urer. In the event that there shall not be in the hands of the county treasurer 
sufficient to pay the amount apportioned to his county, the deficiency shall be 
paid by the state treasurer. (L. ’09, p. 322, sec. 4; R. C. S., sec. 4935; P. C., sec. 
5104.) 

Cross-reference: County treasurer to be custodian of certain school moneys, 

sec. | 56 The fact that the sc hool fund of a county is indebted to the state on account of 
taxes'levied and collected does not justify the state auditor in deducting any portion 
of such indebtedness from the amount of the warrant he is required by law to draw 




336 


Code of Public Instruction 


in favor of any county, when the superintendent of public instruction has apportioned 
the state school fund to the respective counties and reported same to the state auditor, 
with direction to issue warrants to the treasurers of the various counties for the 
respective amounts due them thereunder: State ex rel. Tanner v. Cheetham, 23 Wash. 
666 . 

762. Certain moneys to be placed to the credit of the current school fund 

Except as otherwise provided by law, all sums of money derived from fines 
imposed for violation of orders of injunction, mandamus and other like writs, 
or for contempt of court, and the net proceeds of all fines collected within the 
several counties of the state for breach of the penal laws, and all funds arising 
from the sale of lost goods and estrays, and from penalties and forfeitures, shall 
be paid in cash by the person collecting the same, within twenty days after the 
collection, to the county treasurer of the county in which the same have accrued, 
and shall be by him transmitted to the state treasurer, w r ho shall place the same 
to the credit of the current state school fund. He shall indicate in such entry 
the source from which such money was derived: Provided, however, That fifty 
per cent (50%) of all fines collected for the violation of any of the provisions 
of Initiative Measure No. 3 enacted by the people November 3, 1914, shall be 
turned in to the county treasurer of the county wherein such violation occurred, 
to be kept as a special fund by said county treasurer and to be used for the 
purpose of obtaining evidence in other cases pertaining to the violation of the 
provisions of said Initiative Measure No. 3 enacted by the people November 3, 
1914, said fund to be drawn upon by vouchers by the sheriff of the county 
wherein the said violation occurred and approved by the prosecuting attorney 
and a majority of the board of county commisisoners of said county. A for¬ 
feiture of bail shall be construed as a fine. If at the end of any fiscal year 
there remains any surplus in said fund same shall be turned into the state 
current school fund. (L. ’19, p. 57, sec. 1; R. C. S., sec. 4940; P. C., sec. 5109.) 

Cross-references: Fines for injury of school property to be placed to the credit of 
the school district sustaining damages, sec. 352 ; certain fines under compulsory school 
law to be credited to district or county, secs. 362, 363; fines for violation of law 
requiring attendance at free government schools credited to current fund, sec. 372. 

1. This section supersedes all prior statutes on the general subject of disposition 
of the proceeds of fines: Slay den v. Carr , 94 Wash. 412. 

2. The establishment and maintenance of the public school system are suf¬ 
ficiently correlated to be embraced in one act, and the provisions of this section in the 
school code, which is entitled “An act for the establishment and maintenance of the 
public school system.” do not violate Const., art. 2, sec. 19, providing that no bill 
shall embrace more than one subject and that shall be expressed in the title. Id. 

3. Whenever a county treasurer receives from a justice of the peace or other 
officer the proceeds of a fine, he should examine the particular statute under which 
the same was imposed, and dispose of the same as therein directed, and in the absence 
of any such direction he should transmit the money to the state treasurer to be placed 
to the credit of the current state school fund. (Atty. Gen. Ops., 1903-4, p. 108.) 

4. Fines collected for the following crimes should be paid into the current state 
school fund: Selling liquor to Indians; Sabbath breaking; assault in the third degree; 
profanity; prostitution; gambling; allowing females in saloons; criminal contempt; 
violations of the eight-hour law; carrying concealed weapons; forfeiture of bail in 
criminal cases; and cutting and destroying standing timber owned bv another. (Attv. 
Gen. Ops., 1911-12, p. 386.) 

5. Bail forfeited in cases involving prosecutions for cruelty to animals does not 
constitute fines which should be turned over to the proper humane society, and there¬ 
fore all such forfeited bail should be transmitted to the state treasurer to be credited 
to the current state school fund. (Atty. Gen. Ops., 1913-14, p. 166.) 

6. Bail forfeited in cases of prosecution for violation of the fish code should be 
credited to the current state school fund. (Atty. Gen. Ops., 1917-18, p. 303.) 

7. Proceeds of the sale or lease of lands deeded to the state through sheriffs’ 
sales on execution should be converted into the general school fund. (Attv. Gen. 
Ops., 1919-20, p. 226.) 

8. Before the surplus in the liquor fine fund is transferred to the state, deduc¬ 
tion should be made of all outstanding indebtedness, whether a warrant has been 
issued or not, against such fund on July 1st. (Atty. Gen. Ops., 1921-22, p. 148.) 

9. There is no authority of law for payment of moneys collected under the 
prohibition laws to defray the expenses of a grand jury. (Atty. Gen., Jan. 26, 1921, 
Feb. 16, 1921.) 

10. Expenses of local officers may be paid from the special liquor fund provided 
for in this section. It was not intended only for special investigations to be made by 
officers other than regular county officers. (Atty. Gen., Jan. 16, 1922.) 

11. An expenditure for the prosecution of cases for violations of the prohibition 
law cannot be considered as an expenditure for collection of evidence within the 
contemplation of this section. (Atty. Gen., May 1. 1922.) 

12. If a deputy sheriff devotes a portion of his time to obtaining evidence in 
cases pertaining to violations of the prohibition law. reasonable compensation for 



State of Washington 


337 


such work might be paid from the fund provided for in this section, but if he does 
not devote any of his time to that work no part of his salary could be paid from such 
fund. (Atty. Gen., July 7, 1923.) 

763. State apportionments 

The superintendent of public instruction shall apportion to the several 
counties of the state on or before the twentieth day of July, October, December, 
January, March, April, May and June of each year such current state school 
funds as have been certified by the state auditor to be in the hands of the state 
and county treasurers. (L. ’23, p. 277, sec. 1; R. C. S., sec. 4871*; P. C., sec. 
5066*.) 

Cross-references: Report of state superintendent to show apportionments, sec. 6, 
subd. 2 ; high school district fund to be apportioned at time of state apportionment, 
sec. 257 ; estimated receipts of apportionment to be included in budgets of districts of 
the first class, sec. 664 ; county apportionment, sec. 773. 

1. The fact that the school fund of a county is indebted to the state on account 
of taxes levied and collected does not justify the state auditor in deducting any portion 
of such indebtedness from the amount of the warrant he is required by law to draw 
in favor of the school fund of any county, when the superintendent of public instruc¬ 
tion has apportioned the state school fund to the respective counties and reported same 
to the state auditor, with the direction to issue warrants to the treasurers of the vari¬ 
ous counties for the respective amounts due them thereunder: State ex rel. Tanner v. 
Cheetham, 23 Wash. 666. 

2. A consolidated district which has not received the bonus provided for in sec. 

4 88 because the basis for such apportionment was not reported by the proper officers 
to the superintendent of public instruction, cannot now make a claim for such appor¬ 
tionment since the facts shown by the county superintendent’s report constitute the 
basis of apportionment and the amount of the apportionment is based on the certificate 

of the state auditor as to the amount of current state school funds on hand. (Atty. 

Gen., Aug. 11, 1922.) 

3. In accordance with an opinion of the attorney general’s office, dated October 

7, 1913, all sections of the law relating to apportionment are to be considered as 

applying both to state and county apportionments, unless specifically limited in the 
language of the statute. The attendance to be included in determining the basis for 
the apportionment of the county fund shall consist of: (1) The actual days’ attend¬ 
ance as shown by the last report from the several school districts. (2) The days of 
attendance of resident pupils in a public school outside of his district, as allowed in 
sec. 767. (3) The credit for attendance at private schools, as allowed in sec. 768. 

(4) The credit for the teachers’ attendance at county institute, as allowed in sec. 448. 

(5) The credit for consolidation, as allowed in sec. 488. (6) The credit for attendance 

in night school, as allowed in sec. 771. (7) The credit for time lost when the school 

is closed because of contagious diseases, as allowed in sec. 774. Secs. 765, 769 and 
770 shall not be considered as applying to the apportionment of county funds inasmuch 
as the text of the law in each section specifically limits its application to the appor¬ 
tionment made by the superintendent of public instruction of the current state school 
fund. County superintendents should apportion two-thirds of the county funds in 
accordance with this decision. (Supt. Pub. Instr., Nov. 17, 1913.) See, also, sec. 635, 
enacted subsequently to this ruling, making provision for kindergarten attendance. 

764. County superintendents’ reports basis of apportionment 

For the purpose of the apportionment the superintendent of public instruc¬ 
tion shall base his calculations upon the days’ attendance as shown by the 
several county superintendents’ last annual reports filed in his office. (L. ’09. 
p. 312, sec. 2; R. C. S., sec. 4872; P. C., sec. 5067.) 

Cross-reference: Duty of county superintendent to make annual report; contents, 
sec. 440, subd. 11. 

1. The duties of the superintendent of public instruction under this section are not 
merely ministerial, but he may modify or change the annual report of the county 
superintendent of schools, if erroneous, in view of the broad supervisory power con¬ 
ferred by sec. 6, subd. 1 : State ex rel. School District No. 301 v. Preston. 

2. The annual reports of county school superintendents are the only proper basis 
of apportionment of public moneys by the state superintendent of public instruction. 
(Atty. Gen. Ops., 1901-2, p. 78.) 

3. When the county superintendent through negligence has failed to file his 
report within the time required by law, the superintendent of public instruction cannot 
be required to make apportionment to such county, but it is optional with him to 
relieve the county from negligence of a county superintendent, and restore what was 
lost after the report has been made. (Atty. Gen. Ops., 1901-2, p. 417.) 

4. Attendance on Saturday, which is not a school day, cannot legally be counted 
for purpose of school apportionment. (Atty. Gen. Ops., 1917-18, p. 231.) 

5. Where the annual report of the county superintendent shows that during the 
school year last past a school district has charged tuition to non-resident high school 
pupils whose resident district maintains a high school, the high school district is not 
entitled during the present school year to the extra one-half credit for high school 
attendance as provided for in sec. 769. but if no such tuition is charged during the 





338 


Code of Public Instruction 


present school year, and such fact is shown by the annual report of the county 
superintendent, the district will be entitled to the extra one-half credit attendance for 
the next school year. (Atty. Gen., July 5, 1910.) 

6. The apportionment of moneys to school districts is based upon the annual 
reports of the county superintendents. Therefore, when a new district is created after 
the report of a county superintendent has been rendered, the apportionment should be 
made to the old district for that year. However, the county superintendent is required 
under the provisions of sec. 471 to divide between the old and new districts moneys 
thereafter received for the current year which were apportioned to the old district 
according to the number of children resident in the district, if it has complied with 
the conditions prescribed by sec. 4 69. In order to determine such number of children 
he is authorized and directed to have a census taken for that purpose. (Atty. Gen., 
Dec. 10, 1915.) 

7. The county superintendent’s report should contain the facts upon which the 
superintendent of public instruction may apportion the bonus provided for in sec. 488, 
and if such facts are lacking because the basis for such apportionment was not 
reported by the proper officers to the superintendent of public instruction so that a 
consolidated district has received no bonus for the past five years, there is no statu¬ 
tory provision authorizing the payment of such apportionment and there are now no 
available funds upon which the district can make a claim therefor. (Atty. Gen., 
Aug. 11, 1922.) 

8. A consolidated district which has not received the bonus provided for in this 
section because the basis for such apportionment was not reported by the proper 
officers to the superintendent of public instruction, cannot now make a claim for such 
apportionment since the facts shown by the county superintendent’s report constitute 
the basis of apportionment and the amount of the apportionment is based on the 
certificate of the state auditor as to the amount of current state school funds on hand. 
(Atty. Gen., Aug. 11, 1922.) 

9. Where a consolidated district has been formed after the first day of July 
none of the funds apportioned to a component district thereof by the state and county 
superintendents upon the basis of the attendance of such component district as shown 
by the last annual report of the county superintendent may be transferred to the 
consolidated district until all of the outstanding general fund warrants of the com¬ 
ponent district are paid. (Atty. Gen., Sept. 29, 1923.) 

10. Where two districts voted in favor of consolidation in May and the county 
superintendent reported the new district as a consolidated district in the annual report 
for the year ending June 30, but did not file formal notice to the county commissioners, 
county treasurer and clerk of the new district until the 15th of July following, the 
district should be considered by the superintendent of public instruction as a consoli¬ 
dated district for purposes of apportionment of funds. (Atty. Gen., Nov. 5, 1923.) 

11. Apportionment can be allowed only for actual school attendance. Whether 
a community meet may be attended by a school and such attendance counted as 
actual school attendance depends upon the character of the meet. If attendance is 
for a strictly educational purpose, is under the supervision of the teacher and the 
community center leader and all pupils are required to attend it is our opinion that 
such attendance can be counted for purposes of apportionment. (Supt. Pub. Instr.. 
Nov. 6. 1920.) 

12. A half day’s attendance for purposes of apportionment cannot be construed 
as one hour in the morning and one hour in the afternoon so that credit would be 
received for a full day. (Supt. Pub. Instr., Nov. 26, 1920.) 


765. Total clays’ attendance the basis of apportionment 

The basis of the apportionment to each county shall he on the total days of 
attendance in the several districts of the county: Provided , That each school 
district shall be credited with at least two thousand days’ attendance (L ’09 
p. 312, sec. 3; R. C. S., sec. 4873; P. C., sec. 5068.) 


Cross-references: Credit for attendance at normal school model training depart¬ 
ments, sec. 157; liability for loss of district apportionment, secs. 423 and 424; appor¬ 
tionment withheld when teacher is not legally qualified, sec. 425 ; when district of 
third class has not obtained approval of building plans, sec. 440, subd. 20 ; credit for 
institute attendance, sec. 448; apportionment to new districts, sec. 470; bonus in 
apportionment to consolidated district, secs. 487-4 88 ; apportionment to union high 
school districts, see. 498 \ apportionment to joint districts, sec. 512 \ basis of counting 1 
kindergarten attendance, sec. 635 ; apportionment to first class districts to be for not 
more than one hundred eighty-three days per year, sec. 661, subd. 5. 

1 A normal school model training department is not a private school ; therefore 
attendance should not be credited to the school district in which pupils reside : State 
ex rel School Dist. No. 3 v. Preston. 79 Wash. 286. but see sec. 157, subsequently 
enacted, providing for attendance credit to the district in which the pupil resides. 

- 1- Attendance at a government school on an Indian reservation is not counted 
in. appoi tionment of school funds since Indian children who have not severed their 
tribal relations are excluded from the school census and the law would not con- 
template the attendance of such pupils in the apportionment of taxes. (Atty. Gen. 

OpS., JLJ U < - o, p, 1 a . ) 

b . Where a Wgh .school charges tuition contrary to the provisions of sec 769 
the district loses its right to the extra apportionment provided for in such section. 

Ops d 1913 n -14 f p r 4 e 3l ) tS nSht t0 a PP° rtionrnent Pursuant to this section. (Atty. Gen. 

4. A school district which has failed to maintain school during a school year 
is, nevertheless, entitled to be credited with the minimum credit of two thousand 



State of Washington 


339 


days attendance as provided in sec. 765, but such district may not share in the 
apportionment of county funds. (Atty. Gen. Ops., 1919-20, p. 278.) 

5. This section applies only to apportionment of state funds and not to appor¬ 
tionment of county funds. (Atty. Gen., Oct. 7, 1913.) 

6. For the purpose of apportionment, the attendance of Indian children at a 
public school should be counted. (Supt. Pub. Instr., June 3, 1914.) 

7. For the purpose of apportionment, the time consumed by a debating team 
on a debating trip may be considered the same as attendance in the school room. 
(Supt. Pub. Instr., March 19, 1915.) 

8. No attendance money can be claimed for a pupil until he is six years of age. 
and he cannot be considered as being six years of age until he reaches his sixth 
birthday. (Supt. Pub. Instr., Dec. 13. 1915.) But see sec. 635, enacted after this 
ruling was made, providing for credit for kindergarten attendance. 

9. Attendance at a school fair may be counted for purpose of apportionment of 
school funds, provided that the children attend as a class under the supervision of 
the teacher, during school hours, for such length of time as, added to the hours 
spent in school on that day. will equal the minimum number of hours required to 
make a school day. If this plan for obtaining credit attendance is followed all 
children must be required to attend. All conditions for regular attendance must be 
met. No credit can be allowed for Saturday attendance at the fair. Attendance 
can be counted only when the children are attending the fair for strictly educational 
purposes. Participation in contests not having direct bearing on school work cannot 
be credited as attendance for the purpose of apportionment of school funds. School 
must not be considered as dismissed, but as being held at the fair instead of in the 
school buildings. (Supt. Pub. Instr.. Sept. 20, 1919.) 

10. When a legal school holiday falls on Saturday there is no provision of the 
code making the Monday following a legal school holiday for which teachers are 
entitled to credit and the district to attendance for purposes of apportionment. School 
might be closed ojj that day by order of the board of directors, but no salary credit 
to the teacher or attendance credit to the district could be allowed for the day if 
school were closed. (Supt. Pub. Instr., Jan. 17, 1921.) 

11. Attendance at a school picnic cannot be counted when the conditions of 
regular attendance have not been met and when such attendance is not for strictly 
educational purposes. (Supt. Pub. Instr., April 21, 1922.) 

766. Attendance of non-resident pupils 

If a pupil attends any public school of the state, outside of his resident dis¬ 
trict, up to the ninth grade, during the time the resident district maintains a 
school of the grade in which the pupil belongs, the attendance shall be credited 
to the district in which the pupil resides, unless mutually agreed otherwise by 
the directors of the two districts. (L. ’09, p. 312, sec. 4; R. C. S., sec. 4874; 
P. C., sec. 5069.) 

Cross-reference: Power of directors to make arrangements as to attendance of 
non-resident pupils, sec. 630. 

1. A school district is not entitled to credit for the attendance of its resident 
pupils attending a public school outside of their resident district in the ninth, tenth, 
eleventh or twelfth grades. (Atty. Gen. Ops., 1907-8. p. 405.) 

2. A district where pupils reside but attend school in a district in an adjoining 
county is not entitled to a transfer of the county apportionment from the attending 
district. (Atty. Gen. Ops., 1919-20, p. 200.) 

3. This section applies to apportionment of county funds as well as to appor¬ 
tionment of state funds. (Atty. Gen., Oct. 7, 1913.) 

4 Directors of one district are not prohibited from permitting the attendance 
of pupils of another district without charge for tuition nor are they compelled to 
admit children from other districts without charging tuition. (Atty. Gen. June 10, 
1914.) 

5 Where a child residing in a district which does not maintain school attends 
school in an adjoining district the directors of the district in which she attends in 
the absence of arrangements under the provision of sec. 630 may charge reasonable 
tuition for her attendance. (Atty. Gen., June 10, 1914.) 

6 It is not within the province of parents or guardians to say whether or not 
their district shall draw an apportionment for the children under their care, as this 
is a matter which is fixed bv law, which provides that the district in which the pupil 
resides is the district which is entitled to the apportionment. (Supt. Pub. Instr., 

7 Under this section and the section following attendance should be credited 
to the pupil’s resident district although it is outside of the county in which he 
attends school. The clerk of the district in which the child attends should in such 
case certify the days’ attendance to the county superintendent, who should deduct 
such attendance from the total actual attendance of such district and notify the 
countv superintendent of the county in which the resident district is located, of the 
amount of the attendance thus deducted, which he will add to the attendance credit 
of the resident district. (Supt. Pub. Instr., April 28, 1916.) 

767. Clerk may claim attendance for district 

The clerk of any district whose resident pupils are attending school in an¬ 
other district may notify the clerk of the district where such pupils attend, 
when the school of said pupils’ resident district will be in session, and of the 







340 


Code of Public Instruction 


grades that will be maintained, and he must file a duplicate copy of said notice 
with the county superintendent. He must name the pupils in his notice, and 
it shall be the duty of the district clerk so notified, on or before the thirtieth 
day of June, to certify to the clerk of the resident district the actual number 
of days’ attendance at school of such pupils during the time that a school of 
the grade to which the pupil or pupils properly belong was in session in their 
resident district. And in case said clerk shall fail or refuse to furnish such 
information to the clerk of the resident district, then it shall be the duty of the 
county superintendent to grant to the district to which the attendance belongs 
the maximum number of days claimed by the clerk of said district. Without 
the notice herein required by the clerk of the resident district, all claims to 
attendance will be forfeited. (L. ’09, p. 312, sec. 5; R. C. S., sec. 4875; P. C., 
sec. 5070.) 

Cross-reference: Fiscal year for school districts ends June 30, sec. 837. 

1 Under this section a school district is entitled to credit for attendance at a 
private school which conducts one-third of its recitations and general exercises in a 
language other than the English language. (Atty. Gen. Ops., 1905-6, p. 288), but 
see sec. 247, note 1 ; private schools must be taught in the English language. 

2. A school district in which the parents of an emancipated minor child reside 
cannot claim credit for the attendance of such child in a school district other than 
the one in which it has established a separate residence. (Atty. Gen. Ops., 1913-14, 
p 320.) 

3. For the purpose of apportionment, attendance may be claimed for pupils 
attending school in another district for the first eight grades only^ The attendance 
of high school pupils in other than their resident district may not ue claimed by the 
resident district. (Supt. Pub. Instr., Oct. 9, 1914.) 

4. A pupil who moves to town to attend school while his parents remain on 
the farm in the country district, would not be considered a resident of the town 
district, as the minor’s residence under ordinary circumstances is the same as that 
of his parents. (Supt. Pub. Instr., Oct. 6, 1915.) 

768. Private schools shall report attendance 

It shall be the duty of the principal or head of every private school on or 
before the thirtieth day of June of each year to make a sworn report to the 
clerk of the district in which any pupil attending such private school resides 
of the actual days’ attendance in said private school of each such pupil attend¬ 
ing said private school during the preceding school year. The report shall 
include such pupils only as are between six and twenty-one years of age and 
whose parents or guardians actually reside in the school district where the 
said pupil resides, and each district in making up the attendance of said district 
for the purpose of apportionment shall be entitled to the days’ attendance so 
reported. (L. T3, p. 518, sec. 1; R. C. S., sec. 4876; P. C., sec. 5071.) 

1. The model training department of a normal school is not a private school 
within the meaning of this section: State ex rel. School Dist. No. S v. Preston, 79 
Wash. 286. For the method of crediting attendance of such department see sec. 157. 

2. The words “private school” as used in the law apply to such schools only 
as give instruction substantially as given in the common schools of the state and a 
school district does not receive the benefit of the attendance of art schools, music 
schools and the like. (Atty. Gen. Ops., 1903-4, p. 58.) 

3. If the work of a private school is a farce and does not in any manner com¬ 
pare favorably with the ordinary work of a public school, the district is not entitled 
to attendance in such school. (Atty. Gen. Ops., 1905-6, p. 288.) 

4. Credit should be given for the purpose of apportionment for attendance at 
private schools, regardless of grades. With reference to commercial schools whose 
work corresponds to the work of the business departments of city high schools, credit 
should be given for the purpose of apportionment. (Atty. Gen. Ops., 1913-14, p. 413.) 

5. A school district is entitled to apportionment based on the attendance at a 
private high school within the district of all children between the ages of six and 
twenty-one years whose parents or guardians actually reside within the school district 
where such pupils reside, whether or not a public high school is maintained therein. 
(Atty. Gen. Ops., 1921-22, p. 140.) 

6. This section applies to apportionment of county funds as well as to appor¬ 
tionment of state funds. (Atty. Gen., Oct. 7, 1913.) 

7. If a college is maintained solely by private funds and the work there carried 
on corresponds to that of the public school it is a private school within the con¬ 
templation of this section. (Atty. Gen., Oct. 7, 1916.) 

8. An Indian school conducted by the federal government and located on the 
reservation and within the boundaries of a school district is not a “private school” 
within the provisions of the statutes authorizing the apportionment of funds upon 
the basis of attendance at private schools. (Atty. Gen., Feb. 26, 1917.) 

9. Boards of directors do not have power to use school funds for compensating 
a patron of a district or a private school for education of children in a private school. 
(Supt. Pub. Instr., Sept. 17, 1920.) 






State of Washington 


341 


10. No apportionment of state or county funds can be allowed to a private 
school under any circumstances. (Supt. Pub. Instr., Dec. 4, 1920.) 

769. Attendance in high schools 

For purposes of apportionment of current state school funds the attend¬ 
ance of all pupils in high school shall be counted as one and one-half times the 
actual attendance; but in order to receive the benefit of this provision no tuition 
can be charged any high school pupil regardless of where his residence may 
be in this state, if there be no high school in the pupil’s resident district. (L. 
’09, p. 313, sec. 7; R. C. S., sec. 4877; P. C., sec. 5072.) 

Cross-references: Act classifying high school districts does not affect charging of 
tuition, sec. 258 ; holding of eighth grade certificates does not exempt from tuition 
charge, sec. 365 ; power of directors to charge tuition, sec. 630 ; bonus to high school 
grades, sec. 772. 

1. Where a high school charges tuition contrary to the provisions of this section, 
the district loses its right to the extra apportionment provided for in such section, 
but does not forfeit its right to apportionment pursuant to sec. 765. (Atty. Gen. Ops., 
1913-14, p. 431.) 

2. Refusal to admit children to a high school in a high school district when 
their resident district does not maintain a high school would deprive the high school 
district of the bonus provided for in this section the same as though a tuition fee 
were charged. (Atty. Gen. Ops., 1915-16, p. 342.) 

3. It is not discretionary but mandatory upon a high school district to admit 
all persons of school age who are residents of this state, do not reside in another 
high school district, and possess the necessary qualifications, although such high 
school district does not possess the necessary school room capacity and equipment 
to accommodate non-resident high school pupils. Refusal upon the part of the high 
school district to admit such persons would serve to deprive it of its bonus as pro¬ 
vided for in this section. (Atty. Gen. Ops., 1921-22, p. 190.) 

4. A school district which provides free text books to high school pupils who 
reside therein may lawfully require non-resident pupils who reside in non-high school 
districts to purchase text books used by them without thereby losing its right to the 
apportionment of current state school funds based upon such attendance as given 
by this section. (Atty. Gen. Ops., 1921-22, p. 389.) 

5. Where the annual report of the county superintendent shows that during 
the school year last past a school district has charged tuition to non-resident high 
school pupils whose resident district maintains a high school the high school district 
is not entitled during the present school year to the extra one-half credit for high 
school attendance as provided for in sec. 769 but if no such tuition is charged 
during the present school year and such fact is shown by the annual report of the 
county superintendent the district will be entitled to the extra one-half credit attend¬ 
ance for the next school year. (Atty. Gen., July 5. 1910.) 

6. This section applies only to apportionment of state funds and not to appor¬ 
tionment of county funds. (Atty. Gen., Oct. 7, 1913.) 

7. A school district cannot charge tuition to a non-resident high school pupil 
without forfeiting the bonus provided for in sec. 769 if the district of such non¬ 
resident pupil does not maintain a high school, but a district may charge tuition 
without forfeiting the bonus if the district of such non-resident pupil maintains a 
high school. (Atty. Gen., Oct. 19, 1914.) 

8. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school and tenth, eleventh and twelfth grades 
into a senior high school is inconsistent with numerous provisions of the school code. 
(Atty. Gen., Dec. 12, 1916.) 

9. Where a high school charges tuition contrary to the provision of this section 
the district forfeits the extra one-half credit attendance for the entire high school 
and not merely for students from outside the district. (Supt. Pub. Instr., April 20, 
1914.) 

10. A school district may charge tuition to a student attending high school, 
if such student is not a resident of this state, without losing the right to claim 
attendance for such student. (Supt. Pub. Inst., Aug. 10, 1914.) 

11. A district is entitled to apportionment on the basis provided for high schools 
for the attendance of any pupil who is a bona fide high school student and carrying 
a full high school course, regardless of whether or not he or she has a state eighth 
grade diploma. (Supt. Pub. Instr., Nov. 6, 1920.) 

770. Attendance in parental schools 

For purposes of apportionment of current school funds the attendance of 
pupils in parental schools where food and lodging are furnished the pupils shall 
be counted as three times the actual attendance, and in schools for defectives 
five times the actual attendance shall be allowed. (L. ’09, p. 313, sec. 8; R. C. 
S., sec. 4878; P. C., sec. 5073.) 

Cross-references: Districts of the first class may establish schools and depart¬ 
ments for the training of defective youth, sec. 661, subd. 4 ; parental schools, sec. 
670 et seq. 

1. This section applies only to apportionment of state funds and not to appor¬ 
tionment of county funds. (Atty. Gen., Oct. 7, 1913.) 






342 


Code of Public Instruction 


2 It is not necessary that the children who attend the schools for defectives, 
established by school districts of the first class, be among those reported and listed 
as defective in the annual report of the school clerk in order to entitle! the district 
to apportionment for their attendance on the basis of five times the actual days 
attendance. (Atty. Gen., Aug. 25, 1921.) 

3. For the purpose of apportionment, the attendance at parental schools shall 
be counted on the basis of five days a week. (Supt. Pub. Instr., Aug. 18, 1914.) 

4. Only districts of the first class are empowered to establish schools for defec¬ 
tives. (Supt. Pub. Instr., Feb. 24, 1915.) 

771. Attendance in night schools 

In night schools authorized by the laws of this state an evening’s attendance 
shall be counted as a half day’s attendance without maximum age limit. (L. ’09, 
p. 313, sec. 9; R. C. S., sec. 4879; P. C., sec. 5074.) 

Cross-references: Maximum age limit for admission to common schools, sec. 243 ; 
school day defined, sec. 246 ; establishment of vocational evening school classes, sec. 
271 ; authority of directors to establish night schools in general, sec. 582, subd. 12 ; 
in districts of the first class, sec. 661, subd. 4. 

1. A school district does not forfeit its right to receive credit for night school 
attendance as provided for in this section by charging tuition to pupils attending 
the night school, although a district is not authorized to charge tuition to night school 
pupils resident within the district. (Atty. Gen.. Oct.'27, 1916.) 

2. This section applies to apportionment of state and county funds alike. (Atty. 
Gen., Oct. 7, 1913.) 

3. Night school sessions should each consist of three hours in order that a half 
day’s attendance for each pupil may be allowed. (Supt. Pub. Instr., Sept. 16, 1915.) 

4. An evening session of three hours may be counted as a half day in regular 
school. (Supt. Pub. Instr., Nov. 19, 1915.) 

772. Bonus to high school grades 

In addition to the regular quarterly apportionments as provided by law, 
the superintendent of public instruction shall apportion annually to each high 
school the sum of one hundred ($100) dollars for each grade above the grammar 
grades maintained in such school. In order to receive the bonus of one hundred 
dollars the district must have maintained a high school in fact during the pre¬ 
ceding school year, and must have maintained an average daily attendance in 
each grade of at least four students. (L. ’09, p. 313, sec. 10; R. C. S., sec. 4880; 
P. C., sec. 5075.) 

Cross-reference: High school attendance to be credited as one and one-half times 
actual attendance, sec. 779. 

1. It is illegal for the superintendent of public instruction to apportion the 
bonus of one hundred dollars provided for in this section upon a letter or a written 
statement from a county superintendent at any time of the year to the effect that 
additional high school grades have been established, since the annual report of the 
county superintendent is the only proper basis of apportionment. (Atty. Gen. Ops., 
1901-2, p. 78.) 

2. Grouping of the first six grades into an elementary school, the seventh, eighth 
and ninth grades into a junior high school and tenth, eleventh and twelfth grades 
into a senior high school is inconsistent with numerous provisions of the school code. 
(Atty. Gen., Dec. 12, 1916.) 

3. It is not possible for a high school to use the average of two grades in order 
to secure the $100.00 bonus provided for in this section as the law states very plainly 
that each grade must have an average daily attendance of four students. (Supt. 
Pub. Instr., Dec. 17, 1915.) 

4. A high school does hot lose the $100.00 bonus provided for in this section 
by reason of the fact that it charges tuition to non-resident students. (Supt. Pub. 
Instr., Mar. 22, 1916.) 

773. County superintendent shall apportion funds 

It shall be the duty of the county superintendent to apportion within ten 
days after receiving the certificate of apportionment of the superintendent of 
public instruction, such state annual school funds as are subject to apportion¬ 
ment to the several districts entitled to receive the same in accordance with the 
instructions of the superintendent of public instruction. He shall also at the 
same time apportion in the manner provided in section 778 the county school 
funds that may be in the hands of the county treasurer of his county. He shall 
certify the result of the apportionment to the county treasurer, and shall also 
notify each clerk of the amount apportioned to his district. (L. ’09. p. 314, sec 
11; R. C. S., sec. 4881; P. C., sec. 5076.) 

Cross-references: County superintendent to apportion funds as herein provided 
for, sec. 440, subd. 14 ; state apportionment, sec. 763 ; county treasurer to certify to 
county superintendent and auditor the amount of funds subject to apportionment, sec. 
856. subd. 2. 





State of Washington 


343 


1. Under sec. 77 8 (apportionment of county funds), the apportionment should 
be made in proportion to the number of days of actual attendance and a minimum 
credit of two thousand days should not be given as in apportionment of state funds. 
(Atty. Gen. Ops., 1909-10, p. 69.) 

2. In case a teacher is not employed, it is not necessary to attend the county 
institute. A school district is only entitled to credit for the attendance of teachers 
at the county institute employed at the time of such institute, and should the district 
at a later date employ another teacher who had attended the institute while not in the 
employ of the district, the directors of such district would not have any power to 
reimburse the teacher for attendance at the county institute. (Atty. Gen. Ops., 
1911-12, p. 153.) 

3. Attendance on Saturday, which is not a school day, cannot legally be counted 
for purpose of school apportionment. (Atty. Gen. Ops., 1917-18, p. 231.) 

4. When the superintendent of public instruction has apportioned funds to a 
county which has afterwards been divided to form a new county, the county treasurer 
of the old county is fully warranted in paying to the treasurer of the new county the 
proportion of such funds to which it is entitled, upon the order of the county super¬ 
intendent. (Atty. Gen., June 9, 1909.) 


774. Credit for period when school is unavoidably closed 

When the school board of any district is obliged to close the schools by 
order of the board of health or health officer on account of the prevalence of 
influenza or other contagious or infectious disease, or when it is impossible to 
maintain the schools on account of any circumstances over which the school 
board has no control, the state superintendent of public instruction and the 
county superintendent shall allow such district its regular apportionment of 
funds without deduction for the time so lost, the amount to be determined on 
the basis of the total days’ attendance in the district for the last prior year in 
which no such interruption occurred: Provided , That in all districts holding 
school during the school year of 1918-1919 and subsequent years whose enroll¬ 
ment shows an increase over that of the preceding year, the days’ attendance 
for the school year 1918-1919 and subsequent years shall be ascertained for the 
purpose of the apportionment of school funds, by multiplying the average daily 
attendance of the school month showing the highest attendance by the number 
of days in the school session of the preceding year. (L. T9, p. 88, sec. 1; R. C. 
S., sec. 4882; P. C., sec. 5077.) 

1. This section applies to apportionment of county funds as well as to appor¬ 
tionment of state funds. (Atty. Gen., Oct. 7, 1913.) 

2. This section does not authorize the superintendent of public instruction to 
constitute any day a school holiday which is not so constituted by sec. 321, and hence 
a school district would not be entitled to apportionment for a holiday other than one 
enumerated in sec. 321. (Atty. Gen., May 25, 1916.) 

3. Whether closing of school on account of frozen pipes is caused by “circum¬ 
stances over which the board has no control” is a question of fact to be determined 
in each individual case by the surrounding circumstances. (Supt. Pub. Instr., Apr. 
3, 1920.) 

4. Apportionment should be allowed under the provisions of this section for a 
period during which school was closed by epidemic, though there was no order of the 
health officer closing school, he being the only physician in the county, and the epidemic 
being general so that his services were needed throughout the county. (Supt. Pub. 
Instr., June 5, 1920.) 

5. The term “school session of the preceding year” in the proviso means the last 
preceding year in which no interruption occurred. (Supt. Pub. Instr.. June 30. 1920.) 

6. A school district is not entitled to apportionment for election day when school 
is closed that day by reason of the fact that the schoolhouse is used for a polling 
place. (Supt. Pub. Instr., Dec. 30, 1920.) 

7. The mayor, the city council and the city (or town) health officer constitute 
the city (or town) board of health, and it would be the duty of this board to act 
before calling upon the county health officer for action. Inasmuch as the city (or 
town) health officer is an appointee of the mayor, if there should be no such health 
officer, the mayor and the council could function as the city (or town) health board 
and close the schools. Under such circumstances the regular apportionment of funds 
might be allowed to the school district under the provisions of this section. (Supt. 
Pub. Instr., Mar. 1, 1922.) 

775. County superintendent shall withhold apportionment, when 

Whenever any school board shall neglect or refuse to comply with the pro¬ 
vision of section 747, it shall be the duty of the county superintendent to with¬ 
hold the entire apportionment accruing to said district until such time as full 
compliance with requirements thereof has been made. (L. ’09, p. 314, sec. 13; 
R. C. S., sec. 4883; P. C., sec. 5078.) 

Cross-reference: Directors of districts of the third class to obtain approval of 
building plans and specifications, sec. 747. 





344 


Code of Public Instruction 


CHAPTER 8—COUNTY SCHOOL REVENUES 

776. County tax must be levied. 

777. County superintendent to certify school census. 

778. How county funds must be apportioned. 

Cross-references : County high school district fund levy, sec. 255 ; county institute 
fund. secs. 450-452 ; county treasurer to make certificate to county superintendent of 
funds subject to apportionment, sec. 856, subd. 2. 

776. County tax must be levied 

The county commissioners of the several counties of the state of Washing¬ 
ton shall annually, at the time of making the tax levy for county purposes, levy 
a tax on all the property subject to taxation in their county, sufficient to produce 
the sum of ten dollars for each child of school age therein, as is shown by the 
certificate of the county superintendent hereinafter mentioned: Provided, That 
such tax on said property shall in no case exceed five mills on each dollar, at 
the assessed valuation; such tax to be used for the support and maintenance of 
the public schools in such county. (L. ’09, p. 322, sec. 5; R. C. S., sec. 4936; 
P. C., sec. 5105.) 

Note: County taxes to be levied within five days after the first Monday in 

October annually, under county budget act. Laws 1923, p. 526, sec. 4. 

Cross-reference: Fines for violation of compulsory school law to be credited to 
general school fund of the county in certain cases, sec. 362. 

1. There is no minimum placed by law upon the number of mills for the county 
school tax. (Atty. Gen. Ops., 1891-92, p. 127.) 

2. There is no provision of law creating or authorizing the maintenance of a 
permanent county school fund. (Atty. Gen. Ops., 1903-4, p. 85.) 

3. The provision of this section for a tax levy is mandatory and the commis¬ 
sioners have no discretion, but must levy this tax as directed. Upon their refusal to 
do so the appropriate remedy for school districts affected would be to institute man¬ 
damus proceedings. (Atty. Gen., Aug. 9, 1919.) 

777. County superintendent to certify school census 

It shall be the duty of the county superintendent of each county in the 
state of Washington, between the fifteenth day of August and the first day of 
September of each year, to file with the county auditor of this county a certific- 
cate showing the number of children of school age in each district in his county, 
as is returned to him by the several school districts therein, and said certificate 
shall be the basis upon which said tax levy, as mentioned in section 776 hereof, 
shall be made by the county commissioners of the several counties of the state 
of Washington. (L. '09, p. 323, sec. 6; R. C. S., sec. 4937; P. C., sec. 5106.) 

Cross-reference: District clerks and secretaries to report census enumeration to 
county superintendent, secs. 587, subd. 4 and 662. 

1. A school district formed after the filing of certificate of the county superin¬ 
tendent, as provided for in this section, would not participate in any apportionment 
until after the filing of the next report of the county superintendent. (Atty. Gen., 
Oct. 6, 1911.) s 

778. How county funds must be apportioned 

At the same time that the state school funds are apportioned to the dif¬ 
ferent districts, as provided in secs. 763 to 775, inclusive, the whole of the money 
derived under section 776 shall be apportioned as follows: Two-thirds thereof 
shall go to the different districts of each county in proportion to the number 
of days of attendance in each district for the preceding school year, and one- 
third thereof shall go to the different districts of each county in proportion to 
the number of teachers employed in such district for the preceding school year: 
Provided, That where a district employed a second or additional teacher for a 
term less than eight months such district shall receive one-eighth of an appor¬ 
tionment for each teacher for each month she is actuallv employed. (L. ’09, p. 
323, sec. 7; R. C. S., sec. 4938; P. C., sec. 5107.) 

1. Under see. 778 (apportionment of county funds), the apportionment should 
be made in proportion to the number of days of actual attendance and a minimum 
credit of two thousand days should not be given as in apportionment of state funds. 
(Atty. Gen. Ops., 1909-10, p. 69.) 

2. Attendance on Saturday, which is not a school day. cannot legally be counted 
for purpose of school apportionment. (Atty. Gen. Ops., 1917-18, p. 231.) 

3. A school district which has failed to maintain school during a school year is, 
nevertheless, entitled to be credited with the minimum credit of two thousand days 






State of Washington 


345 


attendance as provided in sec. 765, but such district may not share in the apportion¬ 
ment of county funds. (Atty. Gen. Ops., 1919-20, p. 278.) 

4. Sec. 510, governing the apportionment of state funds to joint school districts, 
has no application to the apportionment of county funds. The provision of sec. 77 8 
should be applied to the apportionment of the county fund to the joint district as far 
a ®, practicable, and the district should at least receive an apportionment of the two- 
thirds of the county fund based on the number of days of attendance of the joint 
school by the children resident in the county in which the schoolhouse is not located. 
If it is impracticable to apportion the one-third of the countv fund on the basis of 
teachers employed, of course, no apportionment of that part of the fund could be made 
to the joint district. (Atty. Gen., June 20, 1919.) 

5. The provision of this section refers to teachei's employed in the common 
schools of the district and since a model training school is not a common school, the 
number of teachers employed therein should not be included in determining the appor¬ 
tionment. (Atty. Gen., Aug. 10, 1921.) 

6. For the purpose of apportionment, the fractional method specified in the 
proviso of this section is applicable only to school systems employing more than one 
teacher. (Supt. Pub. Instr., July 13, 1915.) 

7. For the purpose of apportionment, a teacher who gives part of liis time to one 
district and part to another should be counted as an additional teacher in each district. 
And each district will be entitled to one-half of the extra credit specified in the proviso 
of this section, relative to additional teachers. (Supt. Pub. Instr., July 23, 1915.) 


CHAPTER 9—DISTRICT REVENUES 
ARTICLE I—SCHOOL DISTRICT FUND 

779. District taxes may be levied. 

780. Directors shall not contract indebtedness in excess of income. 

779. District taxes may be levied 

In addition to the school revenues provided by sections 760 and 776, for the 
support of the common schools of this state, a tax may be levied upon all tax¬ 
able property in each school district of this state, in the manner provided by law, 
and the funds thereby created shall be known as the “school district fund." 

The “school district fund,” together with the apportionment from the “cur¬ 
rent state school fund” and the county apportionments, shall constitute the 
“general school fund” of each school district. (L. ’09, p. 323, sec. 8; R. C. S., 
sec. 4939; P. C., sec. 5108.) 

Cross-references: Fines for neglect to hold fire drills to be credited to school 
districts, sec. 30; district levies for vocational education, sec. 272; for public libraries, 
sec. 643 ; for permanent insurance fund in districts of the first class, sec. 667 ; for 
payment of deficiencies under local retirement fund acts, sec. 706 ; basis of assessment 
of taxing districts, sec. 781 et seq. ; for unextinguished validated indebtedness, sec. 
796 ; for bond interest and sinking fund, sec. 804 ; transfer from general fund to state 
treasurer for state retirement fund dues, sec. 332 ; fines for injuries to school property 
by pupils to be credited to school district, sec. 352 ; fines under compulsory school law 
to be credited to district funds, secs. 362 and 363 : fine for failure of clerk to make 
report to be credited to distirct general fund, sec. 423 ; district tax levies in districts of 
the first class, secs. 664 and 827; in districts of the second class, sec. 728; in districts 
of the third class, sec. 745 ; apportionment from “current state school fund,” sec. 763 
et seq.; county apportionments, sec. 778; special school district funds for payment of 
validated indebtedness, secs. 793 and 796 ; district building fund created, sec. 801. 

1. The building of a new schoolhouse and the purchase of a schoolhouse site do 
not come under “current expenses.” Neither do they come under “support of the 
common schools.” Both the terms “support” and “current expenses” when applied 
to the common schools of this state mean continuing regular expenditures for the 
maintenance of the schools: Sheldon v. Purdy, 17 Wash. 135. 

2. A fund cannot be destroyed as against the rights of creditors by turning it 
over bodily to another fund, but the treasurer could not be required to pay out of the 
general fund any warrants drawn for the construction of the schoolhouse or installa¬ 
tion of the heating plant beyond the amount of the special fund applicable to such 
payment turned into the general fund. (Atty. Gen. Ops., 1903-4, p. 171.) 

3. Directors have power to subscribe to and pay for a school journal which 
publishes a regular department of news, legal and otherwise, of value to directors of 
school districts, and may pay for such journal out of the current or general school 
funds of such districts. (Atty. Gen. Ops., 1905-6, p. 157.) 

4. The county treasurer does not have the right against the will of the directors 
to transfer arbitrarily moneys from a special to the general fund, particularly in case 
where moneys paid into the special fund accrue from taxes levied to pay teachers' 
wages and current expenses. (Atty. Gen. Ops.. 1907-8, p. 429.) 

5. A levy in excess of the limit provided by law is void and may be disregarded 
by the assessor and treasurer. (Atty. Gen., Oct. 5, 1915.) 

6. A supplemental tax levy cannot be made by the county commissioners to raise 
additional revenue for a- school district after the regular levy has been made and an 
amount equal to the certified and published estimates has been provided for. (Atty. 
Gen., Nov. 22, 1915.) 





346 


Code of Public Instruction 


7. Where the directors of a district of the second class have submitted an 
estimate of expenditures to the county commissioners, who have already certified the 
budget to the county assessor for a levy of ten mills, an additional levy of seven mills 
authorized now by vote of the district may be certified to the assessor by the com¬ 
missioners, and it is the duty of the auditor to extend the levy as so corrected upon 
the rolls. This conclusion is based upon the assumption that this additional levy will 
not cause the amount to exceed the published estimate, as this limitation is one which 
the county commissioners have no power to exceed. (Atty. Gen., Oct. 26, 1916.) 

8 Money in the general fund cannot be used to build a toilet. (Atty. Gen., 
Feb. 19, 1919.) 

9. A school district cannot use moneys out of the general fund to purchase play¬ 
grounds for the school. (Atty. Gen., June 20, 1919.) 

10. The voters of a district might by a vote authorize the incurring of an 
indebtedness for the erection of a gymnasium, but they cannot authorize general 
school funds to be diverted for that purpose. (Atty. Gen., July 27, 1920.) 

11. The general school fund is not available for the purpose of purchasing hard¬ 
ware for the completion of a school building. (Atty. Gen., Aug. 3, 1920.) 

12. The directors of a school district of the second class have no authority with 
or without the vote of the electors to issue warrants against the general fund of the 
district for the purpose of constructing a teacher’s cottage. (Atty. Gen., May 4, 1921.) 

13. The general fund of a school district cannot lawfully be used for the purpose 
of paying for the drilling of a well on the school property. (Atty. Gen., Aug. 4, 1922.) 

14. A consolidated district is entitled to funds of a component district raised by a 

special tax levy pursuant to special election for the purpose of constructing a school 
building, but such money cannot be placed in the general fund and cannot be used 
and expended for any purpose other than that for which it was voted by the electors 
of the component district. (Atty. Gen., Aug. 8, 1922.) • 

15. The proceeds of an insurance policy collected by a school district cannot be 
used for general current expenses until such time as the directors shall be authorized 
by vote of the district to erect another building, but should be placed and kept in the 
building fund until such authority is granted. (Atty. Gen., Aug. 23, 1922.) 

16. Money from the general fund of a school district cannot be used to purchase 
land. (Supt. Pub. Instr., May 10, 1920.) 

17. A surplus in the general fund at the end of the school year, no part of 
which fund was specifically raised for building purposes, may be used to make up the 
current expense estimate for the coming year and a levy may be made for building 
purposes in an amount necessary for the construction of a building. In case this 
amount, plus the amount to be levied for current expenses, does not exceed ten mills, 
no special authorization for an additional levy will be required by vote of the electors 
though authorization to build will be required under any circumstances. If the total 
amount exceeds ten mills, the additional levy will, of course, have to be authorized 
by a majority vote, the purpose being indicated on the ballot and the question of 
authorization to build being submitted as an independent question. Or it might be 
more convenient to submit the latter question to the voters at a special meeting as 
provided for in sec. 528, in lieu of submitting it at an election. By the method here 
outlined, the same result is ultimately obtained as if the money on hand were avail¬ 
able and used for building purposes. (Supt. Pub. Instr., Aug. 10, 1920.) 

18. Neither state nor county apportionment of funds can ever be used for 
building. Funds raised by district tax levy may be so used only when they have 
been raised for building purposes. This fact may be indicated when they are within 
the ten-mill limit by itemizing them for building purposes in the budget required by 
secs. 729 and 745, or when they are above the ten-mill limit by a statement of purpose 
on the ballot authorizing the special levy. This statement must be included when the 
question of raising the levy is, voted upon, even though the board has already been 
authorized by vote of the district to erect the building for which the special levy is 
made. And in addition, the purpose will, of course, be further indicated, as in the 
case of a levy below the ten-mill limit, by itemizing under the heading of building 
purposes in the budget. (Supt. Pub. Instr., Sept. 10, 1920.) 

19. The law does not contemplate the use of any part of the general fund for 
the purchase of a school building, portable or otherwise. (Supt. Pub. Instr., July 
18, 1922.) 

20. Surplus funds on hand in the general fund cannot be used for the purpose 
of erecting a teacher’s cottage. If the cash on hand is in the building fund, it can be 
used for the erection of the cottage, provided that action has been authorized by the 
electors of the district. (Supt. Pub. Instr., Aug. 9, 1922.) 

780. Directors shall not contract indebtedness in excess of income 

It shall be unlawful for any board of directors to contract indebtedness 
against their district in any one year in any sum or sums exceeding the aggre¬ 
gate of the amount due to said district during the year from state funds, the 
amount of school district tax levied for the year and the estimated receipts 
from other sources, unless said indebtedness be authorized by a vote of the 
electors of said district. (L. ’09. p. 288, sec. 9; R. C. S., sec. 4784; P. C., sec 
4986.) 

Cross-references: Limitations of indebtedness applicable to purchase of property 
for community purposes, sec. 640; limitations of indebtedness, in general, sec. 785 
et seq. ; of bonded indebtedness, sec. 798; validation of indebtedness in excess of limit, 
sec. 789 et seq.\ district officer who knowingly aids in increasing the annual expenditure 
in excess of the annual revenue after validation of indebtedness is guilty of a mis- 




State of Washington 


347 


demeanor, sec. 796; expenditures in districts of the first class limited by budget, sec. 
828 ; penalty for violation of budget law, sec. 832. 

1. The directors of a school district cannot be compelled to open and maintain 
a public school for a period of six months where it appears that the indebtedness of 
the district, including its bonded and warrant indebtedness, exceeds the one and 
one-half per cent limitation allowed by the constitution and that the bonded indebted¬ 
ness has not been created under a vote of the people authorizing the incurring of 
indebtedness in excess of such limitation, and that there are no moneys on hand for 
such purposes: Stanley v. McGeorge, 17 Wash. 8. 

2. The permanent school fund cannot be lawfully invested in bonds issued by a 
school district to cancel outstanding indebtedness if the total amount of such indebted¬ 
ness and of such bond issue will increase the debt of the district beyond the legal 
limit, since the debt is necessarily increased while the exchange is being made and 
the bonds are therefore invalid: State ex rel. Atkinson v. Ross, 43 Wash. 290. 

3. The maintenance of a school for a period of eight months is not such a 
necessity as to render valid a teacher’s contract therefor when the indebtedness 
incurred exceeded the limit authorized by law: Wolfe v. School District No. 2, 58 
Wash. 212. 

4. The contract of a school district with a school teacher to teach school for a 
period of eight months is void when the limit of indebtedness of the district has been 
reached and exceeded : Id. 

5. A board of school directors has no authority without authorization from the 
electors to purchase a heating plant which, added to teachers’ salaries and other 
expenses of maintaining school, would exceed the aggregate estimated receipts during 
the year, even if only one-third of the purchase price would be paid during the year, 
since the amount of indebtedness contracted would be the full purchase price. (Atty. 
Gen. Ops., 1907-8, p. 510.) 

6. A majority vote of the electors of the district at a special meeting which 
authorizes only the building of a schoolhouse, does not confer upon the directors the 
power to incur indebtedness in excess of the limit fixed by sec. 7 80, but simply 
authorizes the directors to build such schoolhouse with the money available and in 
the event that it can be built without the incurring of an indebtedness. If the question 
of incurring indebtedness is submitted at a special school meeting, it should be stated 
in such form that the voters will at least pass on the amount of the indebtedness to 
be incurred. (Atty. Gen. Ops., 1911-12, p. 302.) 

7. This section seems to authorize the electors of a school district to empower 
the school directors to incur an indebtedness against the district, and if such author¬ 
ization has been granted together with authorization to build a schoolhouse, there is 
an implied power to issue warrants against a building fund for the purpose of con¬ 
structing such schoolhouse. (Atty. Gen. Ops., 1911-12, p. 383.) 

8. A school district which made a levy during the past year for a school build¬ 
ing, and will make a second levy for the same purpose during the present year, cannot 
contract indebtedness for such purpose in excess of the cash on hand and estimated 
receipts from other sources which may be used for building purposes after the levy 
has been made in the fall of the present year. The directors may contract an 
indebtedness to the full amount thereof for the purposes for which it was made 
regardless of the fact that it will not be due and payable until February of the next 
year. (Atty. Gen. Ops., 1913-14, p. 264.) 

9. The authorization of indebtedness provided for in this section may be made 
by vote of the electors at a special meeting, but if the indebtedness sought to be 
incurred exceeds the one and one-half per cent limit imposed by sec. 789 the vote must 
be taken at a special election. (Atty. Gen. Ops., 1915-16, p. 219.) 

10. The amount of the claim of a high school district for educating non-high 
school district pupils, as ascertained and provided by the county commissioners under 
sec. 255, is the item to be considered as revenue of the district for the year under the 
provision of this section, regardless of the amount actually received by the district 
on this claim. (Atty. Gen. Ops., 1917-18, p. 384.) 

11. Teachers’ salaries contracted for within the debt limit require payment in 
preference to subsequent debts for building purposes created without special tax levy 
therefor, in excess of the limit of indebtedness. (Atty. Gen. Ops., 1919-20, p. 51.) 

12. An increase in teachers’ salaries after the beginning of their terms of 
service is not properly a bonus and should not be so specified in the notice of election, 
but an erroneous designation of an increase as a bonus would not vitiate the election. 
(Atty. Gen. Ops., 1919-20, p. 182.) 

13. The directors have no power to contract an indebtedness in excess of the 
current revenues of the district for an increase in teachers’ salaries after the beginning 
of the term, unless authorized so to do by vote of the electors of the district. (Atty. 
Gen. Ops.. 1919-20, p. 182.) 

14. The consideration of a contract to teach for a definite term, the compensa¬ 
tion therefor to be paid to the teacher in certain fixed instalments, is the compensa¬ 
tion to be paid for the term, and the directors may alter the compensation either by 
making additional payments for that portion of the contract already performed, or by 
adding the amount thereof to the instalments paid after the date of alteration. (Atty. 
Gen. Ops., 1919-20, p. 182.) 

15. The directors of second and third class districts possess the power to con¬ 
tract for transportation services for periods of more than one year, but if such contract 
would cause the total indebtedness of the district for any one year to exceed its 
current revenues, then it cannot be made without a vote of the electors of the district. 
(Atty. Gen. Ops., 1921-22, p. 244.) 

16. A school district which is in debt up to its constitutional or statutory limit 
cannot incur additional indebtedness by accepting a gift of real estate conditioned upon 




348 


Code of Public Instruction 


assumption of payment of an existing mortgage as a contract calling for payments in 
the future constitutes contracting of indebtedness within the inhibition. (Atty. Gen. 
Ops., 1921-22, p. 248.) 

17. The county auditor should not issue a warrant which is invalid under this 
section, in payment of a claim against the district. He should distingush between 
the issuance of a warrant where there are no funds in the treasury to the credit of 
the district and the issuance of the warrant in excess of the estimated revenues. The 
estimated revenues, rather than the actual condition of the fund, would determine the 
legality of the claim. (Atty. Gen., Mar. 9, 1912.) 

18. Estimated apportionments cannot be considered as assets against which 
debts may be contracted. They become such assets only when received and then they 
are cash in the treasury. (Atty. Gen., Apr. 28, 1914.) 

19. A supplemental tax levy cannot be made by the county commissioners to 
raise additional revenues for a school district after the regular tax levy has been 
made and an amount equal to the certified and published estimate has been provided 
for. The district could incur a warrant indebtedness upon a vote of the electors 
authorizing the same, provided, of course, that the statutes with respect to the 
incurring of indebtedness in such a matter were fully complied with. (Atty. Gen., 
Nov. 22, 1915.) 

20. A vote of a school district in favor of the issuance of bonds cannot be 
construed as a vote to issue warrants or authorize incurring of indebtedness under 
this section in the event that a bond issue should not be possible. (Atty. Gen., 
July 29, 1916.) 

21. If a school district of the second class has included in its estimates of 
expenditures an item for payment of outstanding warrants and warrant indebtedness, 
and it subsequently develops that the estimate made for maintenance for that school 
year is insufficient, the district may issue warrants for maintenance purposes up to 
the amount of the current revenues for the year during which such warrants are 
issued, although the aggregate of such warrants may exceed the amount of the 
estimate. (Atty. Gen., Feb. 15, 1917.) 

22. Where the state board of health has instructed a school district to erect a 
new toilet and the revenue of the district will not permit of this expenditure, a vote 
should be taken and the incurring of such indebtedness authorized by the electors. 
(Atty. Gen., Feb. 19, 1919.) 

23. It is mandatory on a school district to pay a judgment rendered against it 
and the statutory and constitutional limitations of indebtedness have no application. 
A warrant should be issued in payment of the judgment, paid in the order of its 
issuance and not transposed in favor of claims for necessary expenses. If, however, 
satisfactory arrangements can be made with the judgment creditor, the judgment may 
be paid off in instalments by sufficient levy each year to meet the instalments due in 
such year. (Atty. Gen., June 19, 1919.) 

24. Where indebtedness has been incurred by a school district and the amount 
is greater than the estimated income for the year, but no warrants have been issued, 
the amount may be included in the budget for the ensuing year, and in such event 
the subsequent action of the directors in approving claims for these items would in 
effect constitute the execution of a new contract which would not depend upon the 
attempted contract made during the preceding year. (Atty. Gen., Sept. 23, 1919.) 

25. Secs. 785 to 797 permit the validation of outstanding indebtedness illegally 
incurred if it is within the five per cent limit fixed by the constitution. Therefore an 
election may be held in a school district of the second class after the close of the 
school year to validate a debt contracted during the preceding year which caused an 
excess of expenditures from the general fund revenues for the school year and had 
not been authorized by vote of the district. (Atty. Gen., Jan. 2, 1920.) 

26. The voters of a district might by a vote authorize the incurring of an 
indebtedness for the erection of a gymnasium, but they cannot authorize general 
school funds to be diverted for that purpose. (Atty. Gen., July 27, 1920.) 

27. Warrants cannot be issued or registered in excess of the current revenues. 
The liability of the auditor for payment in such cases would probably depend upon 
whether he had actual knowledge of the financial condition of the district. (Atty. 
Gen., Jan. 21, 1921.) 

28. The logic of the case of Wolfe v. School. District No. 82, 58 Wash. 212 (see 
note 3, this section), would seem to support the conclusion that maintenance of school 
for a period of six months is not such a mandatory purpose as would authorize a 
school district to exceed its current revenues in violation of the provisions of sec 780. 
(Atty. Gen., Jan. 21, 1921.) 

29. Where the directors of a school district have let a contract for the drilling 
of a well and the statute of limitations has run against the claim of the contractor 
without payment, the directors could waive the statute of limitations. If the contract 
was not authorized by vote and was in excess of the current revenues of the district 
for the year in which it was made, it would be invalid and the claim could be paid at 
the present time only after being validated by the electors in the manner prescribed 
by secs. 785-797. (Atty. Gen., June 30, 1921.) 

30. A school district of the third class which has outstanding warrants of five 
hundred dollars and is entitled to sums from taxes and state apportionment amounting 
to six hundred dollars, cannot purchase a truck without creating a debt, for while the 
amount due from taxes and state apportionment may be considered as an asset 
against the warrant indebtedness, provided such indebtedness was created this year 
that did not leave sufficient funds due to the district to enable the directors to make 
the purchase. (Atty. Gen., Aug. 18, 1921.) 

31. The maintenance of school for the minimum term prescribed in sec 244 
is subject to the condition that the current revenues of the district be not exceeded, 
and the directors have no authority to exceed the amount of levy that may be made 





State of Washington 


349 


without a vote for the purpose of paying teachers in accordance with their contracts. 
(Atty. Gen., Nov. 8, 1921.) 

. 32. Under this section, each year must stand upon its own footing and warrants 

issued in one year in excess of the revenues for* that year are void and are not a 
charge against the current revenues for the following year. (Atty. Gen., Jan. 19, 
1922 .) 

33. After outstanding warrants of prior years have been validated in accordance 
with secs. 785 to 797, such indebtedness need no longer be considered in ascertaining 
whether or not the limit prescribed by sec. 780 has been reached. (Atty. Gen., Jan. 
30, 1922.) 

34. The directors of a school district have power to purchase an encyclopedia on 
the instalment plan under contract whereby payments will extend over a period of 


ARTICLE II—TAXING DISTRICTS—BASIS OF ASSESSMENT 

781. Taxing district defined—assessed value. 

782. Terms defined. 

783. Taxable value to be assessed value. 

784. Rate of assessment. 

Cross-references: State school levy, sec. 760 ; county school levy, sec. 776 ; district 
tax levy, sec. 779 ; limits of indebtedness upon basis of assessed valuation, sec. 785 
et seq. ; of bonded indebtedness, sec. 798 ; validation of indebtedness in excess of limit, 
sec. 7 89 et seq. 

781. Taxing district defined—assessed value 

The term “taxing district” as used in this act shall be held and construed 
to mean and include the state and any county, city, town, township, port dis¬ 
trict, school district, metropolitan park district, or other municipal corporation 
authorized or having the power to levy taxes now or hereafter existing; and 
the term “assessed value of property” as used in this act shall be held and 
construed to mean the aggregate valuation of the property subject to taxation 
by any taxing district as placed on the last completed and balanced tax rolls of 
the county next preceding the date of any tax levy. (L. ’19, p. 392, sec. 1; R. 
C. S., sec. 11226; P. C., sec. 6935a.) 

782. Terms defined 

The terms “assessed valuation of taxable property”, “valuation of taxable 
property”, “value of taxable property”, “taxable value of property”, “property 
assessed” and “value” whenever used in any statute, law, charter or ordinance 
with relation to the levy of taxes in any taxing district, shall be held and con¬ 
strued to mean “assessed value of property” as hereinabove in section 1 of this 
act defined. (L. ’19, p. 392, sec. 2; R. C. S., sec. 11227; P. C., sec. 6935b.) 

783. Taxable value to be assessed value 

Whenever any taxing district or the officers thereof shall, pursuant to any 
provision of law or of its charter or ordinances, levy any tax, the assessed value 
of the property of such taxing district shall be taken and considered as the 
taxable value upon which such levy shall be made. (L. ’19, p. 392, sec. 3; R. C. 
S., sec. 11228; P. C., sec. 6935c.) 

784. Rate of assessment 

All property shall be assessed fifty per cent of its true and fair value in 
money. In determining the true and fair value of real or personal property, 
the assessor shall not adopt a lower or different standard of value because the 
same is to serve as a basis of taxation; nor shall he adopt as a criterion of 
value the price for which the said property would sell at auction, or at a forced 
sale, or in the aggregate with all the property in the town or district; but he 
shall value each article or description of property by itself, and at such time 
or price as he believes the same to be fairly worth in money at the time such 
assessment is made. The true cash value of property shall be that value at 
which the property would be taken in payment of a just debt from a solvent 
debtor. In assessing any tract or lot of real property, the value of the land, 
exclusive of improvements, shall be determined; also, the value of all improve¬ 
ments and structures thereon and the aggregate value of the property, including 
all structures and other improvements, excluding the value of crops growing 






350 


Code of Public Instruction 


on cultivated lands. In valuing any real property on which there is a coal or 
other mine, or stone or other quarry, the same shall be valued at such price as 
such property, including the mine or quarry, would sell at a fair, voluntary 
sale for cash. Taxable leasehold estates shall he valued at such a price as they 
would bring at a fair, voluntary sale for cash. (L. T9, p. 393, sec. 4; R. C. S., 
sec. 11121; P. C., sec. 6935.) 

ARTICLE HI—LIMITATION OF INDEBTEDNESS 

785. Limit of indebtedness. 

786. Computation of indebtedness. 

787. Obligations in violation of this act to he void. 

788. Taxing district and assessed valuation defined. 

Cross-references: Directoi's not to contract indebtedness in excess of income, sec. 
780; validation of indebtedness incurred within live per cent limit, sec. 789 et seq. ; 
limit of bonded indebtedness, sec. 798 et seq. 

785. Limit of indebtedness 

No taxing district shall for any purpose become indebted in any manner 
to an amount exceeding one and one-half per centum of the last assessed valu¬ 
ation of the taxable property in such taxing district, without the assent of 
three-fifths of the voters therein voting at an election to be held for that pur¬ 
pose nor in cases requiring such assent shall the total indebtedness at any time 
exceed five per centum of the last assessed valuation of the taxable property in 
such taxing district: Provided, That no part of the indebtedness allowed in this 
act shall be incurred for any purpose other than strictly county, city, town, 
school district, township, port district, metropolitan park district or other 
municipal purposes: Provided further, That any city or town, with such assent, 
may be allowed to become indebted to a larger amount, but not exceeding five 
per centum additional, determined as herein provided, for supplying such city 
or town with water, artificial light and sewers, when the works for supplying 
such water, light and sewers shall be owned and controlled by the city or town: 
Provided, further, That nothing herein contained shall be held to extend the 
debt limitations now imposed by law or any city charter on the powers of any 
taxing district. (L. T7, p. 587, sec. 1; R. C. S., sec. 5605; P. C., sec. 5400.) 

Cross-references: Constitutional limit of indebtedness. Const., art. 8, sec. 6; 

school district elections, in general, sec. 515 et seq. ; in districts of the first class, secs. 
707-719 ; property to be assessed at fifty per cent of its value, sec. 784. 

1. Where the complaint in an action to enjoin the issuance of school bonds 
alleges that their issuance will increase the indebtedness of the school district to an 
amount exceeding one and one-half per cent of the taxable property therein, it will be 
presumed from the fact that a certain part of the proceeds of the bonds is to be 
devoted to paying outstanding indebtedness of the district, that the indebtedness will 
be kept within the one and one-half per cent limit, in which case the casting of certain 
illegal votes at such election will not invalidate the issue of bonds, if the rejection of 
the illegal vote would still leave the majority in favor thereof: Luzador v. Scirgeant, 
4 Wash. 299. 

2. The directors of a district cannot be compelled to open and maintain for a 
period of six months a public school where it appears that the indebtedness of a school 
district, including its bonded and warrant indebtedness, exceeds the one and one-half 
per cent limitation allowed by the constitution, and that the bonded indebtedness has 
not been created under a vote of the people authorizing the incurring of indebtedness 
in excess of such limitation, and there are no moneys on hand for school purposes: 
Stanley v. McGeorge . 17 Wash. 8. 

?>. The permanent school fund cannot be lawfully invested in bonds issued by a 
school district to cancel outstanding indebtedness if the total amount of such indebted¬ 
ness and of such bond issue will increase the debt of the district beyond the legal 
limit, since the debt is necessarily increased while the exchange is being made and the 
bonds are therefore invalid: State ex rel. Atkinson v. Ross, 4 2 Wash. 290. 

4. The maintenance of a public school throughout a school year of eight months is 
not such a necessity as to warrant school directors in overriding statutory and con¬ 
stitutional limitations as to the amount of indebtedness a school district may lawfully 
incur: Wolfe v. School District No. 2, 58 Wash. 212, 214. See, also, sec. 780. 

5. The contract of a school district with a school teacher to teach school for a 
period of eight months is void when the limit of indebtedness of the district has been 
reached and exceeded : Id. 

6. Where bonds issued by a school district in excess of the constitutional limit of 
indebtedness were purchased by the state officers empowered to invest the school fund, 
mandamus will not lie to compel the state auditor to issue a warrant for such portion 
of the bonds as would fall within the constitutional limit, the bonds being void and 
attacked prior to acceptance of the issue; there being in such case no question of 
estoppel or good faith: State ex rel, Zylstra v. Clausen 66 Wash. 324. 


State of Washington 


351 


7. Where two school districts are each indebted in excess of two per cent of their 
taxable property as shown by the last assessment, and are consolidated, and the con¬ 
solidated district issues bonds in excess of three per cent of its taxable property, the 
issue is void, as being in excess of the constitutional limitation of five per cent of 
the taxable property in the consolidated district, as each district is subject to taxation 
as a separate entity for the purpose of paying its prior indebtedness : Id. 

8. The provision of this section that the limit of indebtedness of a school district 
is five per cent of the last assessed valuation is not superseded by the provision of 
Laws ’19, p. 216, sec. 12, (amended by sec. 802) which restates provisions of a prior 
act in conflict with this section: State ex rel. School District No. 102 v. Clausen, 116 
Wash. 432. 

9. The authorization of indebtedness provided for in sec. 802 may be made by 
vote of the electors at a special meeting, but if the indebtedness sought to be incurred 
exceeds the one and one half per cent limit the vote must be taken at an election. 
(Atty. Gen. Ops., 1915-16, p. 219.) 

10. Special street assessments against school property are not items of indebted¬ 
ness which must be taken into consideration in determining whether or not a school 
district is within its constitutional limit of indebtedness. (Atty. Gen., May 8, 1913.) 

11. It is mandatory on a school district to pay a judgment rendered against it 
and the statutory and constitutional limitations of indebtedness have no application. 
A warrant should be issued in payment of the judgment and paid in the order of its 
issuance and not transposed in favor of claims for necessary expenses. If, however, 
satisfactory arrangements can be made with the judgment creditor the judgment may 
be paid off in installments by sufficient levy each year to meet the installments due in 
each year. (Atty. Gen., June 19, 1919.) 

12. The indebtedness of a school district should be computed as follows: First 
determine the gross indebtedness of the district. This should include all of the bonded, 
warrant and other obligations. The net indebtedness is then determined by allowing 
as credits against the gross indebtedness,— (1) the delinquent taxes prior to January 
1st of the present year; (2) taxes which were levied last fall for the bond redemption 
fund and for any indebtedness incurred prior to January 1st of this year; (3) taxes 
which were levied last fall for the general fund, together with cash on hand in the 
general fund, but these may only be allowed as a credit to the extent of the general 
fund warrant indebtedness incurred since January 1st of this year. (Sec. 786.) Sub¬ 
tracting then these credits from the gross debits, you will find the net indebtedness and 
the difference between this net indebtedness and the five per cent of the assessed 
valuation of the district-would give the additional amount of indebtedness which the 
district might incur. It must be borne in mind, however, that the limit of indebtedness 
of a district is determined by the financial condition of the district at the time of 
incurring the increased indebtedness and not as of the present date or the time when 
the added indebtedness is authorized. “Kstimated i-eeeipts” cannot be considered in 
determining the limit of indebtedness; the figures must be actual. Apportionments 
might be considered as an asset, but only as are the current taxes and cash on hand 
in the general fund, namely, as an offset against the current general fund warrants 
issued subsequent to January 1st of the present year. (Atty. Gen., Jan. 14, 1922.) 

13. After outstanding warrants of prior years have been validated in accordance 
with secs. 785 to 797. such indebtedness need no longer be considered in ascertaining 
whether or not the limit prescribed by sec. 780 has been reached. (Atty. Gen., Jan. 
30, 1922.) 

14. If the present revenues of a school district will be exhausted in March, the 
district may hold an election to secure the consent of the electors to incur an indebted¬ 
ness sufficient to cover the expense of maintaining school for the balance of the current 
year subject to the limitation that the proposed indebtedness shall not exceed one and 
one-half per cent of the assessed valuation of the district without the consent of 
three-fifths of the voters, nor five per cent of the assessed valuation in any event. 
(Atty. Gen., Feb. 6, 1923.) 

15. A union high school district cannot legally incur an indebtedness for the 
construction of a high school building if any of the constituent districts have reached 
the debt limit prescribed by this section. (Atty. Gen., Sept. )5, 1919; Feb. 17, 1923.) 


786. Computation of indebtedness 

Whenever it shall be necessary to compute the indebtedness of a taxing 
district for bonding or any other indebtedness purposes, taxes levied for the 
current year and cash on hand received for the purpose of carrying on the busi¬ 
ness of such taxing district for such current year shall be considered as an asset 
only as against indebtedness incurred during such current year which is pay¬ 
able from such taxes or cash on hand: Provided, however, That all taxes levied 
for the payment of bonds, warrants or other public debts of such taxing district, 
shall be deemed a competent and sufficient asset of the taxing district to be con¬ 
sidered in calculating the constitutional debt limit or the debt limit prescribed 
by this act for any taxing district: Provided, That the provisions of this sec¬ 
tion shall not apply in computing the debt limit of a taxing district in connec¬ 
tion with bonds authorized pursuant to a vote of the electors at an election 






352 


Code of Public Instruction 


called prior to March 1, 1917. (L. ’21, p. 400, sec. 1; R. C. S., sec. 5606; P. C., 

sec. 5401.) 

Cross-references: Constitutional limit of indebtedness, Const., ai't. 8, sec. 6, 

directors not to contract indebtedness in excess of income, sec. 780; tax levies tor 
payment of validated indebtedness not included in bonds, sec. 796; tax levies tor bona 
interest and sinking fund, sec. 804. 

1. Days’ attendance earned by a school district but unapportioned cannot be 
figured as an asset for purposes of bonding until it has been apportioned. (Atty. Den., 
Aug. 16, 1912.) 

2. Moneys in the general fund cannot properly be considered as assets against 
outstanding bonds payable only from special funds. (Atty. Gen., Apr. 10, 1917.) 

3. The financial condition of a school district must be computed at the time the 
bonds are issued. (Atty. Gen., Apr. 10, 1917.) • 

4. Taxes may be considered as an asset under this section from the time they 
are levied; not from the time when they fall due. (Atty. Gen., Apr. 21, 1920.) 

5. Cash on hand in the general fund and uncollected taxes for the current year 
may be considered as an offset against the warrant indebtedness which has been 
incurred for the current school year. (Atty. Gen., Apr. 27, 1921.) 

6. For the purpose of computing indebtedness, the money due a district in taxes 
and apportionment for the current year may be offset against the warrants issued 
during the current year. If the money due equals or is in excess of the amount of 
the outsanding warrants, there is no indebtedness. (Atty. Gen., Aug. 18, 1921.) 

787. Obligations in violation of this act to be void 

All orders, authorizations, allowances, contracts, payments or liabilities to 
pay, made or attempted to be made in violation of this act, shall be absolutely 
void and shall never be the foundation of a claim against a taxing district: 
Provided, That the limitations imposed by this act shall not apply to debts con¬ 
tracted by any taxing district prior to March 1, 1917: Provided, further, That 
the limitations imposed by this act may be exceeded by cities of the second class 
for the purpose of constructing, renewing or repairing any bridge or bridges 
across any navigable waters located therein, and as to such indebtedness in¬ 
curred for such purpose, the limits upon municipal indebtedness imposed by the 
state constitution shall apply. No additional indebtedness shall be incurred by 
any city of the second class for the purpose last above mentioned without the 
assent of three-fifths of the qualified voters of such city voting thereon at an 
election to be held therein for that purpose under and pursuant to the provi¬ 
sions of sections 9538 to 9548, inclusive, of Remington’s Compiled Statutes of 
Washington. Any such additional indebtedness so incurred shall not thereafter 
be taken into consideration in computing the limitation of indebtedness of such 
city under the provisions of this act. (L. ’23, p. 107, sec. 1; R. C. S.. sec. 5607*; 
P. C., sec. 5402*.) 

788. Taxing district and assessed valuation defined 

The term “taxing district” as herein used shall be held to mean and em¬ 
brace all counties, cities, towns, townships, port districts, school districts, 
metropolitan park districts or other municipal corporations which now, or may 
hereafter exist. 

The term “the last assessed valuation of the taxable property in such tax¬ 
ing district” as used herein shall be held to mean and embrace the aggregate 
assessed valuation for such taxing district as placed on the last completed and 
balanced tax rolls of the county next preceding the date of contracting the 
debt or incurring the liability. (L. ’17, p. 589, sec. 4; R. C. S., sec. 5608; P. C., 
sec. 5403.) 

Cross-reference: Property to be assessed at fifty per cent of its value, sec. 784. 





State of Washington 


353 


ARTICLE IV—VALIDATION OF INDEBTEDNESS 

789. Electors may validate indebtedness. 

790. Resolution of board—three-fifths vote. 

791. Posting and publishing notices. 

792. The election. 

793. Board of directors may issue bonds. 

794. Board shall deliver resolution to county treasurer. 

795. Boards may exchange bonds for warrants. 

790. If bonds are not issued, special levy may be made. 

797. Validation, election for. 

789. Electors may validate indebtedness 

Any school district may validate and ratify the indebtedness of such school 
district, incurred for ’strictly school purposes, when the same together with 
all then outstanding legal indebtedness does not exceed five per centum of the 
value of the taxable property in such school district. The value of taxable 
property in such school district shall be ascertained as provided in article 
eight, section six of the constitution of the state of Washington. (L. ’09, p. 
331, sec. 1; R. C. S., sec 4956; P. C., sec. 5125.) 

Cross-references: Constitutional limitation of indebtedness. Const., art. 8, sec. t>; 
statutory limitation of indebtedness, sec. 785 et seq. ; the term “value of taxable 
property” whenever used in any statute to be held and construed to mean “assessed 
value of property,” sec. 782; property to be assessed at fifty per cent of its value, 
sec. 784. 

1. Ballinger’s Code, secs. 2398-2405 (superseded by this chapter), prescribing the 
method of conducting special school elections for the validation of illegal indebtedness, 
is a special act and it has no reference to an election to authorize the issuance of 
bonds for the purpose of erecting a high school building: Nichols v. School District, 
39 Wash. 137. 

2. The fact that one of the directors of the district was not qualified to hold his 
office does not affect the legality of proceedings for the validation of outstanding: 
warrants where it appears that he was elected in the regular manner to the office amt 
assumed the exercise of official authority with the acquiesence of the community. 
(Atty. Gen., Sept. 30, 1915.) 

3. Unless the outstanding indebtedness of a district is evidenced by bonds for the 
redemption of which the county commissioners may make a special levy, it cannot be 
taken care of by a tax levy, but if this indebtedness is in the form of warrants it may 
be validated in the manner prescribed by secs. 789-797 and bonds issued for the pur¬ 
pose of retiring them and the bonds could then be retired by a special levy. (Atty. 
Gen., June 21, 1917.) 

4. Secs. 789 to 797 permit the validation of outstanding indebtedness illegally 
incurred if it is within the five per cent limit fixed by the constitution. Therefore, an 
election may be held in a school district of the second class after the close of the 
school year to validate a debt which was contracted during the preceding year and 
caused an excess of expenditures from the general fund revenues for the school year 
and had not been authorized by vote of the district. (Atty. Gen., Jan. 2, 1920.) 

5. Where the directors of a school district have let a contract for the drilling of 
a well and the statute of limitations has run against the claim of the contractor 
without payment, the directors can waive the statute of limitations. If the contract 
was not authorized by vote and was in excess of the current revenues of the district 
for the year in which it was made, it would be invalid and could be paid at the present 
time only after being validated by the electors in the manner prescribed by secs. 
789-797. (Atty. Gen., June 30, 1921.) 

6. Indebtedness sought to be contracted during the current year cannot be made 
legal in advance by an election under this and the following sections since the intent 
of this act is to authorize the validation of indebtedness only after expenditures have 
actually been made and not to authorize the validation of executory contracts whereby 
indebtedness may ultimately be incurred. (Atty. Gen., Oct. 4, 1923.) 

790. Resolution of board—three-fifths vote 

Whenever the board of directors of any school district shall deem it advis¬ 
able to validate and ratify the indebtedness mentioned in section 789 of this 
chapter, they shall provide therefor by resolution, which shall be entered on 
the records of such school district, which resolution shall provide for the hold¬ 
ing of an election for the purpose of submitting the question of validating 
and ratifying the indebtedness so incurred to the voters of such school district 
for approval or disapproval, and if at such election three-fifths of the voters 
in such school district voting at such election shall vote in favor of the vali¬ 
dation and ratification of such indebtedness, then such indebtedness so vali¬ 
dated and ratified and every part thereof existing at the time of the adoption 


12 




354 


Code of Public Instruction 


of said resolution shall thereby become and is hereby declared to be validated 
and ratified and a binding obligation upon such school district, when the only 
grounds of the previous invalidity of such indebtedness so ratified and validated 
is that at the time of the attempted incurring thereof, the same together with 
all other then existing indebtedness of such school district, exceeded one and 
one-half per centum of the taxable property in such school district, as provided 
in article eight, section six of the constitution of the state of Washington, 
and that such indebtedness was so attempted to be incurred without the assent 
of three-fifths of the voters of such school district voting at an election held for 
that purpose, as required by said constitution. (L. ’09, p. 331, sec. 2; R. C. S., 
sec. 4957; P. C., sec. 5126.) 

Cross-references: School district elections, in general, sec. 515 et seq. ; in districts 
of the first class, secs. 707-719 ; indebtedness in excess of one and One-half per cent of 
assessed valuation to be void, sec. 785 et seq. 


791. Posting and publishing notices 

At the time of the adoption of the resolution provided for in section 790, 
the board if directors shall direct the clerk or secretary of the board to give 
public notice of the time, place or places, and purpose of such election, and 
specifying the amount and general character of the indebtedness proposed to be 
ratified. Such clerk or secretary shall thereupon cause written or printed notices 
to be posted in at least five places in such school district, at least twenty days 
before such election. Said notice shall also be published for the same length of 
time in a daily newspaper, printed and published in such district, and if there 
be no such daily newspaper, then in a weekly newspaper, published in this state 
and of general circulation in the county where such school district is situated, 
in two regular issues of such weekly newspaper next preceding the day of such 
election. Said notices shall contain a copy of the resolution mentioned in sec¬ 
tion 790, the time of holding such election and location of polling place or places, 
a statement of the object of the election, and the form of the ballot adopted by 
the board to determine the question submitted to the voters, (L. ’09, p. 332, sec. 
3; R. C. S., sec. 4958; P. C., sec. 5127.) 

Cross-references: Notices of regular annual and special elections, sec. 522; of 
elections in class A counties and counties of the first class, sec. 535 ; in counties other 
than class A counties and counties of the first class, in a port district containing a 
school district of the first class, sec. 545 ; in districts of the first class, sec. 707. 

1. If the only notice has been one day’s publication in a daily paper published in 
the county with no posting at all, it is insufficient. (Atty. Gen., Jan. 16, 1923.) 

792. The election 

Elections hereunder shall be by ballot, and conducted in the manner pro¬ 
vided for conducting annual school elections. The ballot must contain the 
words, “Validating and ratifying indebtedness, yes,” or the words, “Validating 
and ratifying indebtedness, no.” Ballots containing the words, “Validating 
and ratifying indebtedness, yes,” shall be counted in favor of validating and 
ratifying such indebtedness, and ballots containing the words, “Validating and 
ratifying indebtedness, no,” shall be counted against validating and ratifying 
such indebtedness. As soon as the polls are closed at such election, the judge 
at each polling place shall count the votes, ascertain the result and certify 
the same and make return thereof, within two days after such election, to 
the board of directors of such district, by depositing the same, together with 
theh ballots cast at such election, with the clerk or secretary of such board, 
and within five days after such election, or as soon as all the returns of such 
election are deposited as herein provided, the board of directors of such district 
shall meet and canvass and declare the result, and shall cause to be entered 
a minute thereof on the records of such district. The qualifications of voters 
at such election shall Be the same as prescribed for the election of school officers 
(L. ’09, p. 332, sec. 4; R. C. S., sec. 4959; P. C., sec. 5128.) 

Cross-references: Regular annual school elections, sec. 515 et seq. ; qualifications 
of voters, sec. 525 ; regular annual school elections in districts of the first class, sec. 
707 et seq. ; qualifications of voters, sec. 710. 






State of Washington 


355 


793. Board of directors may issue bonds 

If the indebtedness of such school district is validated and ratified, as pro¬ 
vided in this chapter, by three-fifths of the voters voting at such election, the 
board of directors of such school district, without any further vote, may borrow 
money and issue negotiable coupon bonds therefor. Bonds so issued shall bear a 
rate of interest not to exceed six per cent per annum, interest payable semi¬ 
annually, payable and redeemable at such time and place as designated in the 
bonds, but not. exceeding twenty years from date of issue. The bonds and 
coupons shall be in such form as the board of directors shall prescribe, and 
payable at such place as may be designated therein. In all school districts 
of the second or third class, said bonds, with the coupons, must be signed by 
the board of directors and countersigned by the clerk of the school district. 
In school districts of the first class said bonds, with the coupons, must be signed 
in the corporate name of the district, by the president of the board of directors 
thereof, and attested by the secretary of the board, except that the said coupons 
may bear the lithograph signatures of the said president and secretary. The 
seal of such district, if such district has a seal, shall be affixed to each bond by 
the secretary thereof. The moneys arising from the sale of coupon bonds issued 
under this chapter shall be placed by the treasurer of the county in a special 
fund to the credit of such school district existing at the time of the adoption 
of the resolution mentioned in section 790, not evidenced by negotiable bonds. 
(L. ’09, p. 333, sec. 5; R. C. S., sec. 4960; P. C., sec. 5129.) 

Cross-reference: Bonds to be serial in form and payable by equal annual tax 
levies, sec. 813. 

1. The serial bond law of 1923 (sec. 813 et seq.) applies specifically to all bonds 
issued under lawful authority by any school district, including refunding bonds and 
validating bonds. (Atty. Gen., Oct. 4, 1923.) 

794. Board shall deliver resolution to county treasurer 

When authorized to issue bonds, as provided in this chapter, the board of 
directors shall, at a meeting of such board, by resolution provide for the issuing 
of such bonds, prescribing their number, amount and term, and shall deliver a 
copy of said resolution to the county treasurer of the county in which such 
school district is situated or to which it belongs as provided in this act, who 
shall immediately advertise for sale said bonds, and the law relating to other 
school bonds shall govern, control and apply to bonds issued or sold under this 
chapter, except that bonds issued under this chapter shall not bear a greater 
rate of interest than six per cent per annum, and they may be sold in such 
amounts or blocks as the board of directors may direct, and such board may 
also require all persons bidding for said bonds, except the state of Washington, 
to deposit one per cent of the par value of the bonds bid for on depositing with 
the treasurer their bids, and if the bidder fails to take and pay for the bonds 
for which he bid, in case of their sale to him, the amount so deposited shall be 
forfeited to the school district, otherwise to be returned to such bidder, and a 
re-sale of such bonds so refused to be taken may be made as if the bid for the 
same had been rejected, and the money arising from the sale of the bonds issued 
under this chapter shall be applied as provided in section 793. (L. ’09, p. 334, 

sec. 6; R. C. S., sec. 4961; P. C., sec. 5130.) 

Cross-references: Sale of bonds under general school bond law, sec. 800 et seq. ; 
under serial bond act of 1923, sec. 815; county to which joint district is deemed to be¬ 
long, sec. 803. 

1. The provisions of this section are mandatory only to the extent that they 
must be complied with when bonds are issued, but the directors are not required to 
issue bonds before they have authority to make the levy provided for in sec. 796. 
(Atty. Gen. Ops., 1915-16, p. 146.) 

795. Boards may exchange bonds for warrants 

If bonds issued under this chapter are not sold as herein provided, the 
holders of unpaid warrants drawn on the county treasurer by such district 
for an indebtedness existing at the time of the adoption of the resolution men¬ 
tioned in section 790, may exchange said warrants at the face value thereof and 
accrued interest thereon for coupon bonds issued under this chapter, at not 
less than par value and accrued interest of such bond at the time of the ex¬ 
change; such exchange to be made under such regulations as may be provided 



356 


Code of Public Instruction 


by the board of directors of such district. (L. ’09, p. 334, sec. 7; R. C. S., sec. 
4962; P. C., sec. 5131.) 

Cross-references: Exchange of warrants for unsold bonds under school bond law, 
sec. 802 ; readvertisement under serial bond act of 1923, sec. 815. 

1. Where the issuance of bonds to fund outstanding warrants would increase the 
district’s indebtedness beyond the legal limit some person or persons of the district 
might buy in all the outstanding warrants with the understanding that he or they 
would exchange the warrants for bonds to be issued by the district. When the bonds 
are issued by the district they may legally be exchanged for the outstanding warrants. 
The state could then arrange to purchase the bonds from the perosn holding the same. 
(Atty. Gen. Ops., 1907-8, p. 104.) 

796. If bonds are not issued, special levy may be made 

When the board of directors shall have canvassed and declared the result 
of the election as prescribed in section 792, it shall, if the same shall have been 
in favor of validating and ratifying the indebtedness, immediately cause to be 
sent to the county treasurer of the county in which such district is situated, 
notice of the result of said election. The annual expense of such district shall 
not thereafter exceed the annual revenue thereof, and any officer of such district 
who shall knowingly aid in increasing the annual expenditure in excess of the 
annual revenue of such district shall be deemed to be guilty of misdemeanor, 
and shall be punished by a fine not exceeding five hundred dollars. If the in¬ 
debtedness of such school district, excluding the bonded indebtedness existing 
before the adoption of said resolution, is not extinguished by the exchange of 
warrants for bonds, or by the proceeds of the sale of bonds, as herein provided, 
then it shall be the duty of the board of directors, thirty days before the regular 
annual tax levy, to certify the amount of such indebtedness remaining unpaid 
to the board of county commissioners of the county in which such school dis¬ 
trict is situated, and said board of county commissioners, at the time of ma¬ 
king the regular annual tax levy, shall annually levy a special tax on the tax¬ 
able property of the district not to exceed three mills on the dollar on the valua¬ 
tion of such taxable property, which shall be collected as other taxes are col¬ 
lected, and the proceeds of such tax shall be a special fund for the payment of 
the indebtedness of such district, not included in bonds, existing at the time of 
the adoption of the resolution mentioned in section 790. (L. ’09, p. 335, sec. 8; 

R. C. S., sec. 4963; P. C., sec. 5132.) 

Cross-references: Regular annual tax levy and limit in districts of the first class, 
secs. 664 and 665 ; in districts of the second class, sec. 728 ; in districts of the third 
class, sec. 745 ; directors not to contract indebtedness in excess of income, sec. 780. 

1. Laws 1897, p. 411, sec. 135, superseded by this section and providing that 
illegal school warrants which had been validated by a vote of the school district should 
be paid, in case they had not been taken up by the issuance of funding bonds, only by 
a special tax levied for the purpose from year to year, and that the current revenues 
arising from the general school tax and fines should be applied exclusively to current 
expenses, is in no sense void as impairing the obligation of contracts: State ex rel. 
Dunn v. Dorsey, 19 Wash. 120. 

2. The directors upon the validation of indebtedness are not required to attempt 
to issue and sell bonds to take up such validated indebtedness or to exchange warrants 
before they would have authority to make the levy provided in this section. (Atty. 
Gen. Ops., 1915-16, p. 146.) 

3. The three-mill levy provided for by this section may be in addition to a 
ten-mill levy for current expenses without calling for a special election as provided in 
sec. 746. (Atty. Gen. Ops., 1915-16, p. 146.) 

797. Validation, election for 

In case any school district has heretofore incurred, or shall hereafter incur, 
indebtedness for strictly school purposes in excess of one and one-half per 
cent, and less than five per cent of the assessed valuation of property in such 
district, and has heretofore, or shall hereafter, become merged in a district 
of the first class, the directors and clerk of the last named district may, after 
such merger, cause to be submitted to the voters within the limits of the dis¬ 
trict which incurred the obligations, the question of validating and ratifying 
such indebtedness. The vote shall be taken and the question determined in 
the manner prescribed in sections 790, 791 and 792. The directors of the district 
of the first class shall make provision for payment of the indebtedness so vali¬ 
dated by certifying the amount thereof to the county commissioners for a special 
levy, in the manner prescribed in section 796: Provided , Such district of the first 
class may pay a part, or all, of such validating indebtedness from any funds 






State of Washing ton 


357 


available or by issuing bonds therefor, under the following conditions: When 
such district of the first class has taken over property of any district without 
an adjustment and apportionment of property and of indebtedness, as proyided 
in sections 478 and 479, the directors of the enlarged district shall make such 
adjustment and apportionment, as of the time of merger, and may pay such 
validated indebtedness to the extent that the value of the property received 
shall be found to exceed the total indebtedness of the district annexed. (L. ’13, 
p. 416, sec. 1; R. C. S., sec. 4964; P. C., sec. 5132a.) 


ARTICLE V—BONDS 

798. Authorization to issue—purposes—payment. 

799. Bond elections. 

800. Sale—denominations—registration. 

801. Sale of bonds. 

802. May exchange warrants for bonds. 

803. Joint school districts. 

804. Levy for interest and sinking fund—investment. 

805. Commissioners to levy for joint districts. 

806. Duty of county treasurer. 

807. School directors must have bonds printed or lithographed. 

808. School districts may refund bonds. 

809. School boards may exchange bonds for matured bonds. 

810. Holder of bonds to notify county treasurer. 

811. County treasurer shall be paid for incidental expenses. 

812. Redemption of bonds. 

813. Serial from specified—tax levy for payment to be equal. 

814. Annual levy for payments of principal and interest. 

815. Interest rate—sale. 

816. Return of deposits to bidders. 

817. Period equivalent to life of improvement—maximum. 

818. Prior issues governed by former laws. 

819. Registration of bonds—payment—assignment. 

820. Payment of interest coupons. 

821. Registration officers. 

798. Authorization to issue—purposes—payment 

The board of directors of any school district provided for in this act, or 
hereafter created in this state may borrow money and issue negotiable coupon 
bonds therefor to any amount not to exceed five (5) per cent of the taxable 
property in such district, as shown by the last assessment roll for county and 
state purposes previous to the incurring of such indebtedness; except that in 
incorporated cities the assessment shall be taken from the last assessment for 
city purposes, for the purpose of funding outstanding indebtedness, or bonds 
heretofore issued, or issued under the provisions of this act, or for the purpose 
of a school house site or sites for buildings or playgrounds authorized by law, 
erecting one or more school houses, an administration building and all other 
buildings authorized by law and providing the same with all necessary furniture, 
apparatus or equipment, or for any or all of these purposes, when authorized by 
vote of the district so to do, as provided in the next section: Provided , That the 
bonds so issued shall bear a rate of interest not to exceed six (6) per cent per 
annum, interest payable annually or semi-annually, payable and redeemable at 
such time as may be designated in the bonds. All school district bonds shall 
be payable within a period of not to exceed twenty-three years from date, except 
when issued by districts of the first class for the purpose of acquiring buildings 
or playground sites, or for erecting buildings of a permanent character, in which 
case they shall be made payable in semi-annual or annual installments, be¬ 
ginning the third year over any period not exceeding forty years from date: 
And provided further, That from and after July 1, 1919, all bonds issued by any 




358 


Code of Public Instruction 


798. Authorization to issue—purposes—payment —Continued 

school district shall be issued in serial form. (L. ’21, p. 554, sec. 1; R. C. S., 

sec. 4941; P. C., sec. 5110.) 

Note: Compare the provisions of this and the following sections with the later 
enactment, sec. 813 et seq. 

Cross-references: Constitutional limit of indebtedness, Const., art. 8, sec. 6 ; 

erection of teachers’ cottages and community halls, secs. 637-640 ; purchase of school- 
house sites and erection of buildings in districts of the first class, secs. 664 and 665 ; 
in districts of the second class, sec. 728; in districts of the third class, sec. 745; 
statutory limit of indebtedness, sec. 781 et seq. ; property to be assessed at fifty per 
cent of actual valuation, sec. 784 ; serial bond law of 1923, sec. 813 et seq. 

1. As to validity of former act relating to issuance of school bonds (Laws 1889-90, 
p. 51), superseded by sec. 784, see Van Houten v. Routhe, 1 Wash. 306. 

2. Where the complaint in an action to enjoin the issuance of school bonds 
alleges that their issuance will inci'ease the indebtedness of the school district to an 
amount exceeding one and one-half per cent of the taxable property therein, it will be 
presumed from the fact that a certain part of the proceeds of the bonds is to be 
devoted to paying outstanding indebtedness of the district, that the indebtedness will 
be kept within the one and one-half per cent limit, in which case the casting of certain 
illegal votes at such election will not invalidate the issue of bonds, if the rejection of 
the illegal vote would still leave the majority in favor thereof: Luzador v. Sargeant, 
4 Wash. 299. 

3. The directors of a district cannot be compelled to open and maintain for a 
period of six months a public school where it appears that the indebtedness of a school 
district, including its bonded and warrant indebtedness, exceeds the one and one-half 
per cent limitation allowed by the constitution, and that the bonded indebtedness has 
not been created under a vote of the people authorizing the incurring of indebtedness 
in excess of such limitation, and there are no moneys on hand for school purposes : 
Stanley v. McCeorge, 17 Wash. 8. 

4. The permanent school fund cannot be lawfully invested in bonds issued by a 
school district to cancel outstanding indebtedness if the total amount of such indebted¬ 
ness and of such bond issue will increase the debt of the district beyond the legal 
limit, since the debt is necessarily increased while the exchange is being made and 
the bonds are therefore invalid: State ex rel. Atkinson v. Ross, 43 Wash. 290. 

5. Where two school districts are each indebted in excess of two per cent of their 
taxable property as shown by the last assessment, and are consolidated, and the con¬ 
solidated district issues bonds in excess of three per cent of its taxable property, the 
issue is void, as being in excess of the constitutional limitation of five per cent of the 
taxable property in the consolidated district, as each district is subject to taxation as 
a separate entity for the purpose of paying its prior indebtedness: State ex rel, 
Zylstra v. Clausen, 66 Wash. 324.) 

6. After the taking effect of this section a school district has no power to issue 
or sell bonds not payable in semi-annual installments, but in conformity to the former 
law amended by this section notwithstanding the issue was authorized by an election 
and adjudged valid by a court before this section took effect. This section is not 
unconstitutional on grounds of impairing the obligation of any contract as to bond 
issues previously authorized under the amended law but not issued prior to the taking 
effect of this section: State ex rel. School District No. SOI v. Clausen, 109 Wash. 37. 

7. The provision of the constitution of the United States against impairing the 
obligation of a contract is not violated by this section as to contemplated bonds 
authorized before this section took effect, under the law then in force, which were not 
issued and for which the state’s bid had not been accepted prior to the date this 
section took effect: Id. 

8. A judgment that a school district election regularly authorized the issuance 
of bonds in compliance with the law then in force but subsequently amended by this 
section, does not authorize the issuance and sale of such bonds after the taking effect 
of this section : Id. 

9. Laws 1919, p. 216, sec. 12 (amended by this section), does not supersede sec. 
785, which provides that the limit of indebtedness shall be five per cent of the last 
assessed valuation: State ex rel. School District No. 102 v. Clausen , 116 Wash. 432. 

10. Where a majority vote has been cast in favor of issuing bonds at an election 
subsequently held void for want of proper notice, such vote is not sufficient authoriza¬ 
tion to the directors to build a schoolhouse with the proceeds of a special lew: 
Randall v. School District No. 1}, 119 Wash. 222. 

11. The provision of this section that all school district bonds shall be issued in 
serial form is not repealed by the act of 1923, Code Pub. Ins., sec. 813 et seq.. and the 
district may issue them as it may have need of money, and the problem of making 
them mature in such amounts as will, together with the interest on all outstanding 
bonds, be met by an equal annual tax levy for the payment of said bonds and interest 
though complicated, can be considered and met as nearly as practicable as each new 
series is issued: State ex rel. Tacoma School District v. Clausen, 26 Wash. Dec 138 

12. A ballot title describing a proposed bond issue as “payable one-twentieth 
each year beginning the second year” was faulty in that the voters were required to 
accept or reject the condition of payment of one-twentieth of the bonds each year 
instead of payment at the times and in the manner provided by this section : Id 

13. If the amount of outstanding indebtedness added to the amount of a proposed 
bond issue for the purpose of refunding such indebtedness would cause a district" to 
exceed its limit of indebtedness, the issuance of such refunding bonds would be in 
violation of the constitutional and statutory provisions for limitation of indebtedness 
since during the interval between placing the cash in the treasury and the calling of 





State of Washington 


359 


7!)8. Authorization to issue—purposes—payment —Continued 

the warrants to be redeemed the indebtedness of the district would aggregate a greater 
amount than that allowed. (Atty. Gen. Ops., 1905-6, p. 42.) 

14. Coupons attached to bonds issued by school districts draw the legal rate of 
interest from date of maturity. (Atty. Gen. Ops., 1905-6, p. 95.) 

15. Where a bond issue is voted in excess of the limitation and but part of the 
issue would be permissible, only that portion which is actually in excess of the limit 
is invalid. (Atty. Gen. Ops., 1907-8, p. 399.) 

16. A district may refund previous valid bond indebtedness by issuing new bonds 
and after selling the same for par, pay off the old indebtedness with the proceeds. It 
is not necessary to exchange bonds par for par with the original holders. (Attv. Gen. 
Ops., 1911-12, p. 307.) 

17. It is not necessary that an election be held before refunded bonds can be 
issued under this section for the purpose of taking up bonds, although they were 
issued prior to enactment of the school code of 1909. (Atty. Gen. Ops., 1911-12, p. 307.) 

18. Subsequent change of a site submitted in a proposition for issuance of bonds 
will not affect validity of the bonds. (Atty. Gen. Ops., 1913-14, p. 11.) 

19. If bonds are payable in a certain number of years after date, the district 
reserving the right to redeem all or any portion thereof at any time after one year, 
the district issuing such bonds is bound by such provision and cannot insist on the 
right to redeem any part of such issue without the payment of the first year’s interest. 
(Atty. Gen. Ops., 1913-14, p. 235.) 

20. After the electors have voted to bond a district in the sum of thirty-five 
hundred dollars for the purpose of building a two-room addition to the schoolhouse, 
and increased costs make it impossible to construct such addition for less than seven 
thousand dollars, another election may be held to secure authorization for issuance of 
additional bonds in such amount as will permit construction of the building as previ¬ 
ously authorized, so long as the debt limit of the district is not exceeded. (Atty. Gen. 
Ops., 1917-18, p. 314.) 

21. Since bonded indebtedness can be incurred only when authorized by vote of 
the electors, the territory of a disorganized district attached to another district in 
accordance with the provisions of sec. 514 does not assume a share of the bonded 
indebtedness of the district to which it is attached. (Atty. Gen. Ops., 1919-20, p. 328.) 

22. A vote of the district to issue bonds in a given amount does not confer 
authority upon the board of directors to issue bonds in anv lesser amount. (Atty. 
Gen., Oct. 23, 1909.) 

23. A school district has no authority to bond for the installation of a heating 
plant, repairs on buildings or current expenditures, such as maintenance of a domestic 
science or manual training department. (Atty. Gen., Mar. 20, 1916.) 

'24. The mere withdrawal of a district from a union high school district does not 
deprive the bondholder of his right to have the territory included within such district 
held as security for the payment of the bonds. His security remains the same as 
when the bonds were issued, although the apportionment of the debts and liabilities 
of the district included within the union high school district may impose tne wnole or a 
part of the obligation to raise revenue to pay such indebtedness upon the districts 
remaining in the union high school district. (Atty. Gen., Jan. 31, 1917.) 

25. The financial condition of a school district must be computed at the time the 
bonds are issued. (Atty. Gen., Apr. 10, 1917.) 

26. If the funds obtained for the building of a new schoolhouse are not sufficient 
to complete the building and the authorization for its construction was given under 
sec. 74 6 the building to be paid for by general taxation, it would seem that no further 
vote is necessary unless the vote restricted the amount to be expended, if the vote was 
had pursuant to sec. 798 relating to the issuance of bonds. The power of the directoi’S 
to make expenditures for this purpose would be limited by the amount specified on the 
ballot, and if further expenditure is desirable, it would first be necessary to submit 
the question to the voters of the district as required by sec. 746. (Atty. Gen., Aug. 
3, 1920.) 

27. A union high school district and a consolidated school district cannot unite 
in bonding for a common school-building. (Atty. Gen., Sept. 7, 1920.) 

2 8. A district of the second class may submit to the voters a proposition to pro¬ 
vide for the purchase of a site for a school-building, and also the question'of bonds 
in an amount estimated to be sufficient for the purchase of such site, as a separate 
proposition from several propositions for issuance of bonds. Segregation of proposi¬ 
tions is to be favored. (Atty. Gen., Feb. 4 7. 1921.) 

29. A bond issue which exceeds the limit of indebtedness and was voted on as a 
single proposition is void, and such bonds cannot be issued piecemeal when and as the 
indebtedness of the district will permit. But bond issues under different propositions 
voted on at the same time might be sold at different times within two years after 
authorization of the issue if the intention to sell in such manner was clearly expressed 
in the proposition submitted to the voters and the indebtedness of the district at the 
time of the sale of each issue was not in excess of the legal debt limit. (Atty. Gen., 
Feb. 17, 1921.) 

30. Authorization by the voters to issue bonds for the purpose of erecting a 
school-building does not authorize the directors to issue warrants temporarily, antici¬ 
pating their redemption from the proceeds of the sale of the bands. (Atty. Gen., 
May 16, 1921.) 

31. The code contemplates tw'o methods of raising money for the building of 
schoolhouses: (1) sale of bonds; (2) a special tax levy for that purpose. A school 
district must adopt one or the other method in raising funds to build a schoolhouse 
and a vote of the electors authorizing the construction of the schoolhouse by the 
issuance and sale of bonds does not confer power on the board of directors to proceed 




360 


Code of Public Instruction 


798. Authorization to issue—purposes —payment—Continued 

with the construction by the issuance of warrants on the building fund. (Atty. Gen., 
July 16, 1914; May 16, 1921.) . .... 

32. Serial bonds are bonds which are payable over a certain period in install¬ 
ments. (Atty. Gen., June 1, 1921.) 

33. A^school district cannot lawfully issue bonds to obtain funds for the purchase 
of a motor''truck to be used in transportation of children to and from school. (Atty. 
Gen., Aug. 4, 1921.) 

34. A school district may issue funding bonds to cover warrant indebtedness 
existing prior to the current year, but not to cover warrants issued during the current 
year. (Atty. Gen., Oct. 14, 1921.) 

35. The indebtedness of a school district should be computed as follows: First 
determine the gross indebtedness of the district. This should include all of the bonded, 
warrant and other obligations. The net indebtedness is then determined by allowing 
as credits against the gross indebtedness,— (1) the delinquent taxes prior to January 
1st of the present year; (2) taxes which were levied last fall for the bond redemption 
fund and for any indebtedness incurred prior to January 1st of this year; (3) taxes 
which were levied last fall for the general fund, together with cash on hand in the 
general fund, but these may only be allowed as a credit to the extent of the general 
fund warrant indebtedness incurred since January 1st of this year. (Sec. 786.) Sub¬ 
tracting then these credits from the gross debits, you will And the net indebtedness 
and the difference between this net indebtedness and the five per cent of the assessed 
valuation of the district would give the additional amount of indebtedness which the 
district might incur. It must be borne in mind, however, that the limit of indebtedness 
of a district is determined by the financial condition of the district at the time of 
incurring the increased indebtedness and not as of the present date or the time when 
the added indebtedness is authorized. “Estimated receipts” cannot be considered in 
determining the limit of indebtedness; the figures must be actual. Apportionments 
might be considered as an asset, but only as are the current taxes and cash on hand 
in the general fund, namely, as an offset against the current general fund warrants 
issued subsequent to January 1st of the present year. (Atty. Gen., Jan. 14, 1922.) 

36. A school district is not authorized by law to make a bond issue of four 
thousand dollars to be payable in ten years with option to redeem it any time after 
five years, since this section provides that a school district can issue serial bonds only. 
(Atty. Gen., June 24, 1922.) 

37. A union high school district cannot issue bonds for a school-building when 
some of the constituent districts of the union have already incurred indebtedness to the 
limit allowed by law. (Atty. Gen., Feb. 17, 1923.) 

38. The resolution providing for the calling of a school bond election may 
properly be passed at a special meeting of the board of directors. (Atty. Gen., Apr. 
5, 1923.) 

39. The serial bond law of 1923 (sec. 813 et seq.) applies specifically to all 
bonds issued under lawful authority by any school district, including refunding bonds 
and validating bonds. (Atty. Gen., Oct. 4, 1923.) 

799. Bond elections 

The question whether bonds shall be issued, as provided in section 798, 
shall be determined at an election to be held in the same manner prescribed by 
law for holding annual school elections. Notice therefor shall state the amount 
of bonds proposed to be issued, time they are to run, and purpose for which the 
money is to be used. The ballot must contain the words, “Bonds, yes,” or “Bonds, 
no.” If a majority of the votes cast at such election are “Bonds, yes,” the board 
of directors must issue such bonds: Provided, That if the amount of bonds to 
be issued, together with any outstanding indebtedness of the district, exceeds 
one and one-half per cent of the taxable property in said district, then three-fifths 
of the votes cast at such election must be “Bonds, yes,” before the board of 
directors are authorized to issue said bonds. The bonds shall be in such form 
as the board of directors may prescribe, and shall, with the coupons, be signed 
by the board of directors and countersigned by the clerk of the school district: 
Provided, That in school districts of the first class said bonds with the coupons, 
shall be signed in the corporate name of the district by the president of the 
board of directors thereof and attested by the secretary of the board, except 
that said coupons may bear the lithograph signatures, only, of the said president 
and secretary; in districts of the first class the corporate seal of the said dis¬ 
trict shall be affixed to each bond by the secretary thereof. (L. ’09, p. 324, sec 
2; R. C. S., sec. 4942; P. C., sec. 5111.) 

Note: As to form of bonds as prescribed by later acts, see secs. 813 and 817. 

Cross-references: Investment of excess moneys of state retirement fund in school 
district bonds, sec. 336; of local retirement fund, sec. 694; regular annual school 
elections, sec. 515 et seq. ; regular annual school elections in districts of the first class, 
sec. 707 et seq.) bonds to be serial in form and payable by equal annual tax levies, 
secs. 813, 814. 

1. Under Laws 1889-90, p. 45 (superseded by sec. 799), prescribing that the 
question of issuing school bonds shall be submitted at an election held in the manner 





State of Washington 


361 


prescribed by law for the holding of special school elections, Laws 1890, p. 375, sec. 
55 (superseded by sec. 522, herein), prescribing that the district clerk shall give 
ten days’ notice of annual school elections by posting notices in at least three places 
in the district, and Laws 1891, p. 255, sec. 18 (superseded by sec. 521, herein), pre¬ 
scribing that special elections shall be called in the manner provided for calling annual 
elections, notice posted for ten days in three places is sufficient notice of an election 
authorizing issuance of school district bonds: Luzader v. Sargeant, 4 Wash. 299. 

2. The registration law has no application to such elections: Id. 

3. The fact that a board of school directors has repeatedly called an election for 
authority to issue school bonds will not invalidate their issuance after an election has 
been held which granted necessary authority: Id. 

4. The successful candidate having received six hundred and fifty votes as against 
two hundred and eighty for the defeated candidate, the latter must allege and prove, 
in order to overthrow the election, that had the polls been kept open until 8 p. m. the 
result would have been different: State v. Smith, 4 Wash. 661. 

5. Elections for the purpose of authorizing an increase of a debt limit of school 
districts may properly be held under the general pi'ovisions of law concerning the 
holding of annual and special school elections : Holmes <£ Bull F. Co. v. Hedges, 13 
Wash. 696. 

6. The fact that notice of election for the purpose of authorizing the issuance of 
bonds by a school district arbitrarily fixed the rate of interest at four per cent instead 
of leaving the rate open to competition, would not invalidate the election: Parkinson 
v. Seattle School District, 28 Wash. 335. 

7. In a proceeding for an injunction to restrain the issuance of school district 
bonds, authorized at a special election for the purpose of erecting a high school build¬ 
ing, the final returns of the canvassing board, declaring the result, after canvassing 
the votes, regularly made and not impeached for fraud, nor attacked in any pro¬ 
ceeding to obtain a review thereof, are final and conclusive on the courts as to the 
number of votes cast: Nichols v. School District, 39 Wash. 137. 

8. Election returns showing that only 37 out of 103 votes were cast against the 
issuance of school bonds, are not sufficiently impeached by the affidavits of 46 voters 
to the effect that they voted against the issue, where the ballots had been destroyed, 
and it appears that certain of such voters had made contradictory statements and 
ohers had made no concealment when voting and it was testified that their ballots 
were seen to be for bonds, and that the officers publicly counted the ballots correctly 
after the election: Kinder v. School District No. 126, 68 Wash. 410. 

9. Under sec. 491, requiring that one of the judges pronounce the name of any 

person offering to vote at a school bond election and that “he shall receive the ballot 
* * * and deposit the same,” the judge pronouncing the name shall receive and 

deposit the elector’s ballot: Id. 

10. School directors have no authority to build a schoolhouse with proceeds of a 
special levy where their only purported authorization was by majority vote in favor 
of issuing bonds, cast at an election held void for want of proper notice: Stimson 
Timber Co. v. Mason County. 97 Wash. 205. 

11. Under sec. 531 et seq., which supersedes the general school election law in 
class A counties and counties of the first class, the clerks of school districts in such 
counties are neither required nor authorized to give notice of school elections, that 
duty being reposed in a board composed of the chairman of the board of county 
commissioners, the county auditor and the prosecuting attorney: State ex rel. 
Carpenter v. Superior Court, 118 Wash. 664. 

12. The requirement of sec. 707, as to published notice of school elections is but 

directory and notwithstanding notice was published only two days instead of three, it 
will not invalidate a bond election where authorization of the bond issue was discussed 
at public meetings held in several school buildings of the district, in meetings of civic 
organizations and in several editions of three dailies having a large circulation among 
the electors of the district and where it appears that the voters had ample notice from 
the publicity given and that the result of the election was not affected by insufficient 
notice: Lee v. Bellingham School District No. 801, 107 Wash. 482. 

13. Notice of a bond question should advise the voters substantially as to the 

time the bonds are to run or should so refer to the statute as to give the required 

information: State ex rel. Tacoma School District v. Clausen, 26 Wash. Dec. 138. 

14. Directors of a new district formed by division of an old one may call an 
election and vote bonds for the purpose of building a school-building, but they cannot 
issue warrants for that purpose until a levy has been made and they have money due 
the district with which to meet said warrants unless in the division of the district and 
apportionment of school money and taxes they have approximately sufficient money to 
meet these expenses. (Atty. Gen., Dec. 16, 1910.) 

15 In determining whether propositions for bonding are separate and distinct 
from one another, the courts consider the object and purposes announced in the ques¬ 
tions to be submitted, and if they are not found to be naturally related and con¬ 
nected they conclude that thev are such as must be submitted separately. The objects 
and purposes announced by these three propositions, viz., the erecting and furnishing 
a high school building, the general improvement of buildings in the district, and the 
refunding of an outstanding warrant indebtedness, are not naturally related or con¬ 
nected so that they could not be properly submitted as one proposition, but each 
question should be set forth in a manner which would permit the electors to express 
their free and voluntary opinion upon each one separately. The object of submitting 
these questions to the voters is not only to secure from them their opinion upon the 
ouestion of incurring- the indebtedness, but also to secure from them their approval 
or disapproval of the objects sought to be attained. (Atty. Gen., May 29. 1911.) 

16 Boards of directors of school districts of the second and third classes are 
not required to call for bids for the building or furnishing of schoolhouses. (Atty. 
Gen., June 9, 1911.) 





Code of Public Instruction 


362 


17. A tie vote is not a majority within the meaning of this section. (Atty. Gen., 

Mar. 17, 1915.) , _ u _ . 

18. A proposition to incur indebtedness by issuance of bonds cannot be submitted 
at a special meeting held under the provisions of sec. 528, since bonds can be issued 
only by authority conferred at an election as provided for in sec. 799. But if the 
electors should present a petition for a special meeting as provided for in sec. 528 and 
at such meeting vote to borrow money and incur an indebtedness by the issuance of 
bonds it would be the duty of the board of directors to carry out the directions of the 
electors as expressed at such meeting and hGld a bond election. (Atty. Gen., Mar. 
24, 1916.) 

19. Bond propositions authorizing the refunding of warrant indebtedness and 
building of a school structure must be submitted separately. (Atty. Gen., July 29, 


20. The attorney general will not approve bonds of a district other than of the 
first class as a legal investment for the state permanent funds if the bond election 
was held at more than one polling place. (Atty. Gen., Aug. 8, 1917.) 

21. In passing upon bond issues for purchase by the state, the attorney genei’al 
holds that the vote of the district to issue bonds in a given amount does not confer 
authority upon the board of directors to issue bonds in a lesser amount. (Atty. Gen., 
NoV. 8, 1920.) 

22. A vote of the district to issue bonds in a given amount does not confer 

authority upon the board of directors to issue bonds in a lesser amount. (Atty. Gen., 
Dec. 29, 1921.) . . 

23. Propositions to issue bonds in the amount of $18,000 for a school-building 
and $4,500 for a gymnasium should be separately stated for submission to the voters. 


(Atty. Gen., Aug. 3, 1923.) 

24. The provision of sec. 542, limiting the ballot title to twenty-five words, 
applies only to class A and first class counties. (Atty. Gen., Aug. 24, 1923.) 


800. Sale—denominations—registration 

When authorized and empowered to issue bonds as provided in sections 798, 
799, the board of directors shall, within thirty days after the date of election, 
certify the result to the county treasurer of the county to which said school 
district belongs. With directions to sell a part or all of the bonds so authorized. 
The treasurer shall publish notice of the bonds so designated in at least one 
weekly newspaper published in the county seat, if there be one, for four con¬ 
secutive issues, and publish such other notices as the board of directors may 
require. Said notices must give the amounts of bonds to be sold, the time to 
run, where payable, the option, if any, of the district to redeem, also naming 
the hour and day for considering bids, and asking the bidders to name price 
and rates of interest at which they will purchase such bonds or any of them. 
Such bonds shall be issued in denominations of not less than one hundred nor 
more than one thousand ($1,000.00) dollars, and shall contain upon their faces 
the date and series of issue, rate of interest, where payable, time to run, option, 
if any, of district to redeem and the printed or lithographed statement that said 
bond is issued under the provisions of this act, and that the whole indebtedness 
of said district does not exceed the constitutional limit. Each bond so issued 
must be registered by the county treasurer, in a book to be kept for that pur¬ 
pose, which must show the number and such data as is necessary to secure 
a complete record of such bond, the series and amount of such bond, the person 
to whom the same is issued, the number of the district issuing, together with 
the names of directors signing the same; and the said bond shall be indorsed 
by the treasurer, with his name and full statement of the person to whom 
sold, and when issued, together with the number and series of said bond: Pro¬ 
vided, That in the case of joint school districts the bond or bonds shall be reg¬ 
istered by the treasurer of each county in which any part of such school district 
shall lie. (L. T9, p. 217, sec. 13; R. C. S., sec. 4943; P. C., sec. 5112.) 

Cross-references: Constitutional limit of indebtedness, Const., art. 8, sec. 6 ; 

provisions as to sale of bonds in the act authorizing validation of indebtedness, sec. 
794 ; denominations of bonds under the serial bond law of 1923, sec. 813 ; publication 
and contents of notice, mailing to state finance committee and sale under that act, 
sec. 815 ; registration of bonds, secs. 819-821. 

1. A county treasurer, who is also ex-officio treasurer of a school district of his 
county, is not entitled to a commission or percentage for receiving and disbursing the 
proceeds of certain school bonds of the district, whether he acted in the performance 
of such duties as treasurer of the county or of the district: School District v. Cole, 
4 Wash. 395. 

2. Under former laws, the provision that the county treasurer must make a call 
for bids wherein he shall nsk bidders to name price and rates of interest, and that 
such bonds shall be sold to the person making the most advantageous offer, the failure 
of the treasurer in his notice to require bidders to name the rate of interest would 
be, in the absence of bad faith or oppression, but a mere irregularity, not affecting the 
validity of the bonds, where the bid accepted was for the face of the bonds with a 




State of Washington 


363 


premium which in effect decreased the interest rate named by the school district: 
rarkinson y. Seattle District No. 1, 28 Wash. 335. 

3. Neither the state finance committee nor the state treasurer has authority to 
permit the redemption of school district bonds before the end of one year from the 
date of issuance when the bonds provide that they may be redeemed at any time after 
«>ne year on any interest-paying date. (Atty. Gen. Ops., 1913-14, p. 266.) 

4. Bonds cannot be offered for sale unless advertised within two years from the 
date of the election authorizing them. (Atty. Gen., Feb. 20, 1923.) 

5. The requirement of this section that the directors shall certify to the county 
treasurer the result of the election within thirty days thereafter and direct him to 
sell all or a part of the bonds is directory only, and the fact that only part may be 
offered for sale at a time is conclusive that the balance may be disposed of at some 
later date. (Atty. Gen., Feb. 20, 1923.) 


SOI. Sale of bonds 


At the time named in said notice it shall be the duty of said board of 
directors to meet with the county treasurer at his office, and with him open 
said bids, and sell said bonds or any portion thereof to the person or persons 
making the most advantageous offer: Provided, That bonds shall never be sold 
below par, and the board of directors may reject any and all bids, and at any 
time within two years of the election at which authority wasi granted to issue 
and sell said bonds, the board of directors may proceed to readvertise the sale 
of such bonds or any portion thereof as often as may be necessary, until the 
whole thereof shall be sold; and such board may also require all persons bid¬ 
ding for such bonds, except the state of Washington, to deposit one per centum 
of the par value of the bonds bid for on depositing with the treasurer their 
bids, and if the bidder fails to take and pay for the bonds for which he bid in 
case of their sale to him, the amount so deposited shall be forfeited to the 
school district; otherwise to be returned to such bidder, and a resale of such 
bonds so refused to be taken may be made as if the bid for the same had been 
rejected. Upon the sale of the bonds, the board of directors shall, within ten 
days, or as soon thereafter as practicable, deliver the bonds, properly executed, 
to the county treasurer, taking his receipt therefor. The county treasurer 
shall, upon payment of the price agreed upon, deliver the same to the person 
or persons to whom sold, and place the moneys arising from such sale to the 
credit of the general school fund of the district: Provided, That where the 
bonds have been sold for the purchase of school house site or sites, building one 
or more school houses and providing same with all necessary furniture, ap¬ 
paratus or equipment, or for any or all of these purposes, he shall place the 
money derived from such sale to the credit of the building fund of the district, 
and such fund is hereby created. Fees for advertising shall be deducted from 
the proceeds: Provided, That if the board of directors and the person or per¬ 
sons to whom the bonds are sold agree that the delivery of said bonds shall be 
in installments, the county treasurer shall hold said bonds, and deliver to pur¬ 
chasers only on written order of the board of directors to deliver at specified 
time the bonds designated by number and series. (L. Tl, p. 390, sec. 1; R. C. S., 
sec. 4944; P. C., sec. 5113.) 


Note: See sec. 815 for provisions of 1923 act governing bond sales. 

Cross-references: School district general fund, sec. 779 ; warrants may be ex¬ 
changed for bonds when bonds issued for validation of indebtedness are not sold. sec. 
795; provisions of the serial bond law of 1923 as to right to readvertise, sec. 815; as 
to deposits of bidders, secs. 815-816 ; district general fund, sec. 799 ; accumulation of 
building fund not affected by budget act for districts of the first class, sec. 830. 

1. Where bonds issued bv a school district in excess of the constitutional limit of 
indebtedness were purchased by the state officers empowered to invest the school fund, 
mandamus will not lie to compel the state auditor to issue a warrant for such portion 
of the bonds as would fall within the constitutional limit, the bonds being void and 
attacked prior to acceptance of the issue; there being in such case no question of 
estoppel or good faith : State ex rel. Zylstra v. Clausen, 66 Wash. 324. 

2. A school district does not have power to enter into a brokerage contract for 
sale of bonds after advertisement has been made for bids and none have been re¬ 
ceived: Consolidated School District No. 20 v. Union Trust Co., 24 Wash. Dec. 388. 

3. The plain provision of the statute that the board shall readvertise sale of the 

bonds as often as may be necessary until the whole shall be sold is mandatory and in 
lli6 absence of specific authorization for sale in some other manner, negatives all idea 
of any other implied or incidental mode. Id. . . .. , 

4. The directors of a school district cannot, by allowing commission for the sale 

of bonds, reduce the amount which the district will receive to an amount less than the 
par value of the bonds. (Atty. Gen. Ops., 1891-92, p. 232.) . . 

5. If the directors of a school district have been authorized to erect a school¬ 
building and levy a tax therefor, there is an implied power to issue warrants against 





364 


Code, of Public Instruction 


a building fund for the purpose of constructing such schoolhouse. (Atty. Gen. Ops., 
1911-12, p. 383.) 

6. Where a bond issue of $3,500 has been authorized for erection of an addition 
to a school-building and bids received are for about $7,000 due to increased building 
costs, the electors of the district could authorize the directors to redeem the bonds 
previously issued and under the peculiar circumstances of the case it would not be 
illegal if the county treasurer would transfer the proceeds received from sale of the 
bonds from the building fund and then redeem the bonds. (Atty. Gen. Ops., 1917-18, 
p. 314.) 

7. If no bids are received the sale must be readvertised. (Atty. Gen., June 
15, 1910.) 

8. A certified check deposited in accordance with the provisions of this section 
by a bidder for the purchase of bonds is held in trust by the county treasurer and he 
has no authority to cash it unless the deposit is forfeited by reason of the failure of 
the successful bidder to take the bonds. The deposit should not be placed in the 
county depository, but should be kept and cared for by him as a separate trust fund. 
(Atty. Gen., Apr. 22, 1913.) 

9. The school code does not require or direct school directors to notify or direct 
the county treasurer to readvertise the sale in event no bids are received. However, 
where a sale has not been held the directors should adopt a resolution reciting that 
“whereas, at the sale of the bonds heretofore held in pursuance of a notice given, no 
bids were received, and whereas, it is necessary and advisable that notice of sale be 
readvertised, resolved that the county treasurer be and hereby is authorized and 
directed to readvertise the notice of sale of said bonds.” (Atty. Gen., May 16, 1919.) 

10. Where bonds for building purposes duly authorized by vote of the district 
cannot be disposed of the directors may call another election and submit to the electors 
the proposition of building the schoolhouse by issuing warrants and authorizing a tax 
levy therefor. The adoption of such proposition at the election would have the effect 
of rescinding the former action authorizing the bond issue. At the second election the 
voters must authorize the expenditure of a specific amount of money. (Atty. Gen., 
May 16, 1921.) 

11. Where the issuance of bonds was authorized in 1921 and the bonds were 
duly offered for sale but no bids were received, they may be readvertised in 1922. 
The resolution of the board of directors and the notice of election having stated that 
the first installment of five thousand dollars was to have been paid on the annual 
interest-paying date in 1922, the first installment is payable on the first annual 
interest-paying date after the bonds are sold, as it must have been the intention of 
the directors and the electors that the first installment is to be paid on the first annual 
interest-paying date whether it be iii 1922, 1923 or 1924, and that the other payments 
are to be cared for in the same relative manner. (Atty. Gen., Jan. 26, 1922.) 

802. May exchange warrants for bonds 

If bonds issued under this chapter are not sold as herein provided, the 
holders of unpaid warrants drawn on the county treasurer by such district for 
an indebtedness existing at the date of the election may exchange said warrants 
at the face value thereof and accrued interest thereon for coupon bonds issued 
under this chapter, at not less than par value and accrued interest of such 
bonds at the time of the exchange; such exchange to be made under such regu¬ 
lations as may be provided by the board of directors of such district. (L. ’09, p. 
327, sec. 5; R. C. S., sec. 4945; P. C., sec. 5114.) 

Cross-reference: Exchange of warrants for unsold bonds under act authorizing 
validation of indebtedness, sec. 795. 

803. Joint school districts 

For the purpose of this chapter a joint school district shall be deemed as 
belonging to the county in which the school house is located, if there be a 
school house, and if there be no school house, then it shall be deemed as be¬ 
longing to the county in which the district owns a school house site that has 
been lawfully selected by the electors of the district. (L. ’09, p 327, sec 6* 
R. C. S., sec. 4946; P. C., sec. 5115.) 

Cross-references: Definition of joint district, sec. 501; county to which district 
belongs under act authorizing validation of indebtedness and bond issue, sec 794 ; 
joint district bonds to be registered in each county, sec. 800. 

1. In issuing bonds for a joint district all of the property of the district, including 
that lying within both counties, must be taken into consideration in determining the 
taxable property of the district. (Atty. Gen. Ops., 1909-10, p. 20.) 

804. Levy for interest and sinking fund—investment 

The county commissioners must ascertain and levy annually, in addition 
to the school district tax, the tax necessary to pay the interest upon such bonds 
as it becomes due, and at the expiration of one-half of the time for which said 
bonds are to run, and annually thereafter, until full payment of said bonds is 
made, they shall levy, in addition to the tax required to pay the interest, such 
amount for sinking fund to meet the payments of said bonds at maturity, to be 




State of Washington 


365 


determined by dividing the amount of bonds outstanding by the remaining 
number of years to run, and the fund arising from such levy shall be kept as 
the bond redemption fund of said district, and each of said tax levies shall be 
a lien upon the property of said district, and must be collected in the same 
manner as the taxes for other school purposes: Provided, That the county 
treasurer, when authorized to do so by the board of directors of any school 
district, may invest any accumulated or other sinking fund of said district in 
United States bonds or certificates of indebtedness, in general bonds or warrants 
of the state of Washington, or of any school district, city or county therein, 
if the maturity of the bonds or such certificates of indebtedness precedes the 
maturity of the bonds for which said sinking fund is being accumulated, and 
all profits accruing from such investment and the fund so invested shall revert 
to the sinking or other fund of said district, and the county treasurer shall be 
custodian of all bonds or warrants purchased by and with the said sinking fund,, 
until the same are redeemed: And provided further, That the county treasurer,, 
when authorized to do so by the board of directors of any school district, may 
purchase and redeem any of the outstanding bonds of said district, paying for 
said bonds out of the accumulated sinking fund of the district; all revenues 
provided for in this section shall constitute a separate fund, to be known as the 
bond redemption fund. (L. ’23, p. 46, sec. 1; R. C. S., sec. 4947*; P. C., sec. 
359*.) 

Cross-references: Tax levies in school districts of the first class, secs. 664-665 ; 
in districts of the second class, sec. 728; in districts of the third class, sec. 745 ; taxes 
levied for payment of bonds to be considered as assets in calculating debt limit, sec. 
786; payment of bonds and interest to be by equal annual tax levies, secs. 813 and 
814 ; county treasurer to be ex-ojjuno treasurer of school district funds, sec. 856. 

. 1. The county treasurer is authorized to pay interest upon bonds only out of 

moneys in the special interest fund and not out of moneys raised by taxation for other- 
school purposes: Sheldon v. Purdy, 17 Wash. 135. 

2. The duty of the county commissioners to make the necessary levy for payment 
of bond interest is mandatory: State ex reU Evers v. Byrne, 32 Wash. 264. 

3. Moneys derived from the permanent school fund cannot be used for the pur¬ 
pose of paying interest on school district bonds. (Atty. Gen. Ops., 1893-94, p. 83.) 

4. The tax for bond redemption should be levied against all property within the 
boundaries of the district at the time the levy is made, including property added to 
the district after issuance of the bonds. (Atty. Gen. Ops., 1903-4, p. 234.) 

5. Money in the building fund derived from the proceeds of a levy for the pur¬ 
pose of building cannot legally be transferred to any other fund except that it could 
be applied to the bond interest fund to save the levying of so much bond interest tax. 
(Arty. Gen. Ops., 1905-6, p. 23.) 

6. Where bonds were issued by a district for the purpose of building school- 
houses and detachments of territory were made, prior to the time when provision of 
law was made for apportionment of the debts and liabilities of the old district, such 
district in its decreased area alone remains liable for the debts and liabilities. (Atty. 
Gen. Ops., 1909-10, p. 188.) 

7. The commissioners must levy in the manner required by sec. 804 an amount 
sufficient to create a sinking fund in addition to the amount required under sec. 726 
without the question being submitted to the electors of the particular district. (Atty. 
Gen. Ops.. 1911-12, p. 124.) 

8. Proceeds of the special tax levy to pay interest on bonds should be credited to 
the bond redemption fund. (Atty. Gen. Ops., 1911-12, p. 257.) 

9. The county treasurer cannot lawfully transfer money from the bond redemption 
fund to the building fund of a district to retire the outstanding warrants against the 
building fund. (Atty. Gen. Ops., 1913-14, p. 138.) 

10. Moneys in a school district bond redemption fund may not lawfully be in¬ 
vested in irrigation or drainage district warrants. (Atty. Gen., Feb. 4, 1915.) 

11. Money in the bond redemption fund cannot be invested in refunding bonds 
of the district, such bonds to be issued to take up those which the bond redemption, 
fund tax was levied to retire. (Atty. Gen., June 2, 1916.) 

12. Where part of the territory of a school district has been taken for the federal 
government by army post condemnation proceedings subsequent to issuance of bonds 
the levy for interest and sinking fund after one-half of the time for which the bonds 
are to run has expired should be made against the part of the district existing at this 
time and the only relief is by legislative enactment. (Atty. Gen., Oct. 16, 1919.) 

805. Commissioners to levy for .joint districts 

In case of a joint school district, the county commissioners of each and 
every county in which any part of such joint district shall lie, shall levy a 
tax as hereinbefore provided in section 804, and the treasurer of each county in 
which the school house or school house site is not situated shall at least five- 
days before the time at which said bonds or the interest thereon must be paid, 
according to the conditions of the issuance and sale thereof, transmit to the 
treasurer of the county in which the school house or school house site is situ- 






366 


Code of Public Instruction 


ated (and to which the joint school district is construed to belong), all moneys 
in his possession derived from the tax provided for in this chapter; and the 
county treasurer receiving such money shall receipt in duplicate to the -treasurer 
or treasurers remitting such funds for such money; and he shall also place the 
amount or amounts so received to the credit of the special bond fund or funds 
of the joint school district to which it properly belongs. (L. ’09, p. 328, sec. 8; 
R. C. S., sec. 4948; P. C., sec. 5117.) 

806. Duty of county treasurer 

The county treasurer must pay out of moneys belonging to the credit of 
the fund of the school district created by section 804, the interest upon any 
bonds issued under this chapter by such school district when the same becomes 
due, at such place as may be designated in the coupons attached to said bonds, 
or upon the presentation at his office of said coupons, which must show the 
amount due and the number and series of the bonds to which it belongs, and 
all coupons so paid must be immediately reported to the school directors. (L. 
’ll, p. 392, sec. 3; R. C. S., sec. 4949; P. C., sec. 5118.) 

807. School directors must have bonds printed or lithographed 

The school directors of any district must cause to be printed or lithographed, 
at the lowest rate, suitable bonds, with coupons attached, when the same be¬ 
come necessary, and pay therefor out of the moneys in the county treasury to 
the credit of the school district. (L. ’09, p. 329, sec. 10; R. C. S., sec. 4950; 
P. C., sec. 5119.) 

808. School districts may refund bonds 

Whenever any school district in this state shall have heretofore, under 
any of the acts of the territorial or state legislatures then in force, lawfully 
issued any bonds, and the amount of said bonds so issued and negotiated did 
not, at the time of their issue, exceed the sum of five per centum of the taxable 
property of the said school district, it shall be lawful for the said school dis¬ 
trict to issue and exchange its bonds at a rate of interest not greater than that 
borne by the original issue of bonds, par for par, without any further vote of 
the school district than that theretofore had or required by existing law at the 
time of their issue, and said bonds, shall in all respects, conform to and be 
governed by the other provisions of this act. (L. ’09, p. 329, sec. 11; R. C. S., 
sec. 4951; P. C., sec. 5120.) 

Cross-references: Taxable value to be fifty per cent of assessed valuation, sec. 
784; refunding bonds governed by serial bond law of 1923, sec. 813. 

1. The county treasurer is authorized to pay interest upon bonds only out of 
moneys in the special interest fund and not out of moneys raised by taxation for 
other school purposes: Sheldon v. Purdy, 17 Wash. 135. 

2. A district may refund previous valid bond indebtedness by issuing new bonds 
and after selling the same for par, pay off the old indebtedness with the proceeds. 
vAtty. Gen. Ops., 1911-12, p. 307.) 

3. It is not necessary that an election be held before refunding bonds can be 
issued under this section for the purpose of taking up bonds, although they were 
issued prior to enactment of the school code of 1909. (Atty. Gen. Ops., 1911-12, p. 307.) 

4. The serial bond law of 1923, sec. 813 et seq., applies specifically to all bonds 
issued under lawful authority by any school district, including refunding bonds and 
validated bonds. (Atty. Gen., Oct. 4, 1923.) 

809. School boards may exchange bonds for matured bonds 

Whenever any bonds lawfully issued by any school district under the pro¬ 
visions of this act shall reach maturity and shall remain unpaid, or may be 
paid under any option provided in the bonds, the board of directors thereof 
shall have the power to fund the same by issuing coupon bonds conformable 
to the requirements of this act and exchange the same par for par, for the 
outstanding bonds as aforesaid, without any further vote of the school district: 
Provided, That such bonds shall be issued in denominations of not less than 
one hundred dollars nor more than one thousand dollars, shall be redeemable 
within twenty years from date of issue, and shall draw a rate of interest not 






State of Washington 367 


to exceed six per centum per annum. (L. ’09, p. 329, sec. 12; R. C. S., sec. 4952; 
P. C., sec. 5121.) 

Cross-references: Serial bond law of 1923 applicable to all bonds, including re¬ 
funding bonds, sec. 813 ; denominations in multiples of one hundred dollars excepting 
bond number one, sec. 815. 

1. Bonds shall not bear a higher rate of interest than six per cent, and a district 
cannot directly or indirectly pay more. (Atty. Gen. Ops., 1903-4, p. 96.) 


810. Holder of bonds to notify county treasurer 

Every holder of any of the bonds so issued as provided in this act, shall 
within ten (10) days after he shall become the owner or holder thereof, notify 
the county treasurer of the county in which such bonds are issued of his owner¬ 
ship, together with his full name and postoffice address, and the county treas¬ 
urer of said county shall, in addition to the published notice hereinafter pro¬ 
vided for, deposit in the postoffice, properly stamped and addressed to each owner 
or holder of any such bonds subject to redemption or payment, a notice in like 
form, stating the time and place of the redemption of such bonds and the num¬ 
ber of the bonds to be redeemed, and in case any owners of bonds shall fail to 
notify the treasurer of their ownership as aforesaid, then a notice mailed to the 
last holder of such bonds shall be deemed sufficient, and any and all such notices 
so mailed as aforesaid shall be deemed to be personal notice to the holders of 
such bonds, and at the expiration of the time therein named shall have the 
force to suspend the interest upon any such bonds. (L. ’09, p. 330, sec. 13; 
R. C. S., sec. 4953; P. C., sec. 5122.) 

811. County treasurer shall be paid for incidental expenses 

At any time after the issuance of such bonds, and in the discharge of the 
duties imposed upon said county treasurer, should any incidental expense, costs 
or charges arise, the said county treasurer shall present his claim for the same 
to the board of directors of the school district issuing such bonds, and the same 
shall be audited and paid in the same manner as other services are paid under 
the provisions of law. (L. ’09, p. 330, sec. 14; R. C. S., sec. 4954; P. C., sec. 
5123.) 

Cross-references: Payment and auditing of claims in districts of the first class, 
secs. 656 and 659 ; in other districts, sec. 845. 

1. A county treasurer, who is also ex-officio treasurer of a school district of his 
county, is not entitled to a commission or percentage for receiving and disbursing the 
proceeds of certain school bonds of the district, whether he acted in the performance 
of such duties as treasurer of the county or of the district: School District v. Cole , 
4 Wash. 395. 


812. Redemption of bonds 

Whenever the amount of any sinking fund created under the provisions 
of this act shall equal the amount, principal and interest of any bond then 
due, or subject under the pleasure or option of said schpol district to be paid 
or redeemed, it shall be the duty of the county treasurer of the county in 
which the school district issuing such bonds is located, to publish a notice 
in the official newspaper of the county, if such a one there be, and if not, then 
in a newspaper of general circulation, that the said county treasurer will within 
thirty (30) days from the date of such notice, redeem and pay any such bond 
then redeemable or payable, giving priority according to the date of issue 
numerically, and upon the presentation of any such bond or bonds the said 
treasurer shall pay the same; and in case that any holder of such bond or 
bonds shall fail or neglect to present the same at the time mentioned in said 
notice, or in the notice hereinbefore provided for, then the interest upon such 
bond or bonds shall cease and determine, and the treasurer of such county 
shall thereafter pay only the amount of such bond and the interest accrued 
thereon up to the day mentioned in said notice. When any bonds are so re¬ 
deemed or paid, the county treasurer shall cause the same to be fully cancelled, 
and write across the face of such bonds the words ‘ redeemed, with the date 
of redemption, and shall file the same with the county auditor as vouchers for 
the sum so paid. When bonds are held by the state of Washington advertising 



368 


Code of Public Instruction 


as contemplated and prescribed in this section shall be deemed unnecessary. 
(L. ’ll, p. 393, sec. 4; R. C. S., sec. 4955; P. C., sec. 5124.) 

Cross-references: Exchange of bonds for matured bonds, sec. 809 ; redemption of 
bonds issued under prior laws not affected by serial bond act of 1923, sec. 818. 

1. Where a bond issue of $3,500 has been authorized for erection of an addition 
to a school-building and bids received are for about $7,000 due to increased building 
costs, the electors of the district could authorize the directors to redeem the bonds 
previously issued and under the peculiar circumstances of the case it would not be 
illegal if the county treasurer would transfer the fc proceeds received from sale of the 
bonds from the building fund and then redeem the bonds. (Atty. Gen. Ops., 1917-18. 
p. 314.) 

813. Serial form specified—-tax levy for payment to be equal 

Hereafter all bonds, including refunding bonds, issued under lawful au¬ 
thority by any county, city, town, school district, port district or metropolitan 
park district, shall be serial in form and maturity and numbered from one up¬ 
ward consecutively. Interest on all such bonds shall be payable either annually 
or semi-annually, as may be set forth in the act of the officers of the issuing 
municipal corporation. The various annual maturities shall commence with 
the second year after the date of issue of such bonds and shall (as nearly as 
practicable) be in such amounts as will, together with the interest on all out¬ 
standing bonds, be met by an equal annual tax levy for the payment of said 
bonds and interest: Provided , however, That only bond number one of any 
issue shall be of a denomination other than a multiple of one hundred dollars. 
(L. ’23, p. 488, sec. 1.) 

Cross-references: Authority of school districts to issue bonds and pux-poses for 
which they may be issued, sec. 798 et seq.\ bond redemption fund, sec. 804; refunding 
bonds, secs. 808-809 ; maximum and minimum denominations, sec. 809. 

1. The provision of sec. 798, that all school district bonds shall be issued in 
serial form, is not repealed by this and the following sections, and the district may 
issue them as it may have need of money, and the problem of making them mature in 
such amounts as will, together with the interest on all outstanding bonds, be met by 
an equal annual tax levy for the payment of said bonds and interest, though com¬ 
plicated, can be considered and met as nearly as practicable as each new series is 
issued: State ex rel. Tacoma School District v. Clausen, 26 Wash. Dec. 138. 

2. Serial bonds are bonds which are payable over a certain period in installments. 

( Atty. Gen., June 1, 1921.) 

3. This section applies specifically to all bonds issued under lawful authority by 
any school district, including refunding bonds and validating bonds. (Atty. Gen., 
Oct. 4, 1923.) 

814. Annual levy for payments of principal and interest 

The officials now or hereafter charged by law with the duty of levying taxes 
for the payment of said bonds and interest shall, in the manner provided by 
law, make an annual levy sufficient to meet the annual or semi-annual pay¬ 
ments of principal and interest on said bonds maturing as herein provided. 
(L. ’23, p. 488, sec. 2.) 

Cross-references: Levy for bond interest and sinking fund in districts of the first 
class, sec. 664 ; county commissioners to levy taxes for districts of the second class, 
sec. 728; of the third class, sec. 745; levies for bond redemption fund xmder school 
district bond law, secs. 804-805. 

815. Interest rate—sale 

Before any bonds issued by any such municipal corporation shall be offered 
for sale the corporate authorities issuing such bonds shall designate the maxi¬ 
mum rate of interest said bonds shall bear, which shall not be in excess of that 
allowed by law. When a vote of the electors shall have been taken on the 
question of the issuance of such bonds and the proposition submitted to the 
electors shall have specified the maximum rate of interest to be borne by said 
bonds, no increase of such maximum rate of interest shall be made by the 
corporate authorities. All such bonds shall be sold at public sale, and a notice 
calling for bids for the purchase of said bonds shall be published once a week 
for four consecutive weeks in the official newspapers of the municipal corpora¬ 
tion offering the bonds for sale, and such other notice shall be given as the 
corporate authorities may direct; or, if there be no official newspaper of the 
municipal corporation, the publication shall be made in a newspaper of general 
circulation in the county in which the corporation is located. Such notice shall 
specify a place, and designate a day and hour subsequent to the date of the 
last publication thereof when sealed bids will be received and publicly opened 






State of Washington 


369 


for the purchase of said bonds. A copy of such notice shall, at least three weeks 
prior to the date fixed for the sale, be mailed to the state finance committee, 
Olympia, Washington. The notice shall specify the maximum rate of interest 
such bonds shall bear, and shall require bidders to submit a bid specifying (a) 
the lowest rate of interest and premium, if any, above par, at which such bidder 
will purchase said bonds; or (b) the lowest rate of interest at which the bidder 
will purchase said bonds at par. The bonds shall be sold to the bidder making 
the best bid subject to the right of the corporate authorities to reject any and 
all bids and re-advertise. None of such bonds shall be sold at less than par 
and accrued interest, nor shall any discount or commission be allowed or paid 
on the sale of such bonds. All bids shall be sealed and, except the bid of the 
state of Washington, if one is received, shall be accompanied by a deposit of 
five per cent, either cash or certified check, of the amount of the bid, which 
shall be returned if the bid is not accepted; and if the successful bidder shall 
fail or neglect to complete the purchase of said bonds within thirty days follow¬ 
ing the acceptance of his bid, the amount of his deposit shall be forfeited to 
the municipal corporation issuing the bonds, and in that event the corporate 
authorities may accept the bid of the one making the next best bid, or if all 
bids be rejected such corporate authorities shall re-advertise said bonds for 
sale in the same manner as herein provided for the original advertisement. If 
there be two or more equal bids and such bids are the best bids received, and 
not less than par and accrued interest, the corporate authorities shall determine 
which bids will be accepted. (L. ’23, p. 488, sec. 3.) 

Cross-references: Investment of permanent funds in school bonds to be made by 
state finance committee, sec. 750 et seq. ; maximum rate of interest fixed at six per 
cent for bonds issued to pay Validated indebtedness, sec. 793 ; and for school bonds 
generally, sec. 798 ; provisions of school bond law relative to sale, sec. 801; readver¬ 
tisement within two years, sec. 801. 

816. Return of deposits to bidders 

If a bid be accepted the deposits of all other bidders shall be thereupon 
returned; if no bid be accepted the deposits of all, except the two highest 
bidders, shall be returned forthwith; if all bids be rejected, then all deposits 
shall be returned forthwith. (L. ’23, p. 490, sec. 4.) 

817. Period equivalent to life of improvement—maximum 

Bonds issued under this act shall never be issued to run for a longer period 
than thirty years from the date of the issue and shall, as near as practicable, 
be issued for a period which will be equivalent to the life of the improvement 
to be acquired by the use of the bonds. (L. ’23, p. 490, sec. 5.) 

Cross-references: Provisions as to maximum period of bonds for payment of 
validated indebtedness under earlier statute, sec. 793 ; provisions of school district 
bond law as to maximum period, sec. 798. 

1. When improvements to be acquired by proposed issuance of bonds include 
sites, buildings and equipment of multifarious and different nature and durability and 
there is nothing to indicate that the board has not used its judgment and discretion 
in complying with the requirements of this section its action will not be reviewed: 
State ex rel. Tacoma School District v. Clausen . 26 Wash. Dec. 138. 

818. Prior issues governed by former laws 

All acts and parts of acts in conflict herewith, are hereby repealed: Pro¬ 
vided , That this act shall not affect the validity nor the procedure necessary for 
the payment and redemption of any bonds heretofore issued and sold by any 
such municipal corporation, or any bonds authorized under existing laws, a 
part of which have been sold. (L. ’23, p. 490, sec. 7.) 

819. Registration of bonds—payment—assignment 

Upon the presentation at the office of the officer or agent hereinafter pro¬ 
vided for any bond that has heretofore been or may hereafter be issued by any 
county, city, town, port or school district in this state, the same may be regis¬ 
tered as to principal in the name of the owner upon the books of such munici¬ 
pality to be kept in said office, such registration to be noted on the reverse of 
the bond by such officer or agent. The principal of any bond so registered shall 
be payable only to the payee, his legal representative, successors or assigns, and 
such bond shall be transferable to another registered holder or back to bearer 


370 


Code of Public Instruction 


only upon presentation to such officer or agent, with a written assignment duly 
acknowledged or proved. The name of the assignee shall be written upon any 
bond so transferred and in the books so kept in the office of such officer or 
agent. (L. ’15, p. 270, sec. 1; R. C. S., sec. 5494; P. C., sec. 5473.) 

Cross-references: Provisions of school bond law as to registration, sec. 800 ; 
interest payable annually or semi-annually, sec. 813. 

820. Payment of interest coupons 

If, upon the registration of any such bond, or at any time thereafter, the 
coupons thereto attached, evidencing all interest to be paid thereon to the date 
of maturity, shall be surrendered, such coupons shall be cancelled by such 
officer or agent, who shall sign a statement endorsed upon such bond of the 
cancellation of all unmatured coupons and the registration of such bond. There¬ 
after the interest evidenced by such cancelled coupons shall be paid at the 
times provided therein to the registered holder of such bond in New York 
exchange mailed to his address. (L. ’15, p. 270, sec. 2; R. C. S., sec. 5495; P. C., 
sec. 5474.) 

821. Registration officers 

The duties herein prescribed as to the registration of bonds of any city or 
town shall be performed by the treasurer thereof, and as to those of any county, 
port or school district by the county treasurer of the county in which such port 
or school district lies; but any county, city, town, port or school district may 
designate by resolution any other officer for the performance of such duties, 
and any county, city, town, port or school district may designate by resolution 
the fiscal agency of the state of Washington in New York for the performance 
of such duties, after making arrangements with such fiscal agency therefor, 
which arrangements may include provision for the payment by the bondholder 
of a fee not exceeding twenty-five cents for each registration. (L. ’15, p. 270, 
sec. 3; R. C. S., sec. 5496; P. C., sec. 5475.) 

Cross-references: County treasurer to register each school bond, sec. 800 ; joint 
district bonds to be registered in each county, sec. 800. 

ARTICLE VI—BUDGETS OF DISTRICTS OF THE FIRST CLASS 

822. Act applies to districts of first class. 

823. Preliminary budget. 

824. Classification for basis of estimate—enlargement of curriculum 
prohibited. 

825. Notice of hearing. 

826. Hearing and adoption. 

827. Levies of tentative adoptions—hearing—certification to com¬ 
missioners. 

828. Expenditures limited by budget. 

829. Emergency warrants. 

830. Lapse of appropriations. 

831. Division of municipal corporations—duties. 

832. Penalty. 

Cross-reference: Tax levies in districts of the first class, secs. 664-665. 

822. Act applies to districts of first class 

This act shall apply to school districts of the first class, and the term 
“board of directors” as used herein shall mean the board of directors of any 
such district. (L. ’23, p. 354, sec. 1.) 

Cross-reference: Districts of the first class defined, sec. 645. 

823. Preliminary budget 

On or before the second Saturday in March in each year, beginning with 
the year 1924, the board of directors shall prepare the preliminary budget of the 
district for the ensuing fiscal year. Such budget shall set forth the complete 
financial program of the district for such ensuing fiscal year, showing in detail 
the expenditure program and the sources of revenue from which it is to be 
financed. 






371 


State of Washington 


The revenue section shall set forth the estimated receipts from the various 
sources other than taxation for the ensuing fiscal year, the actual receipts for 
the last completed fiscal year, the probable surplus that will be on hand at the 
close of the current fiscal year, and the amount to be raised by taxation. 

The expenditure section shall set forth by detailed items or classes the 
estimated expenditures for the ensuing fiscal year, the appropriations for the 
current fiscal year and the expenditures for the last completed fiscal year. 
Each and every salary shall be set forth separately together with the title or 
position of the recipient: Provided , That salaries may be set out in total amounts 
under each budget class if a detailed schedule of such salaries and positions be 
attached to the budget and made a part thereof. (L. ’23, p. 354, sec. 2.) 

824. Classification for basis of estimates—enlargement of curriculum pro¬ 

hibited 

The estimates and comparative budget data required in section 823 shall 
be set up in comparative and tabular form according to the classifications estab¬ 
lished by the state division of municipal corporations. 

Estimates of the number of teachers required, equipment, instruction, 
supplies, textbooks and such other items as depend in amount directly upon the 
enrollment that will not be known until the following September shall be sub¬ 
mitted on the basis of the requirements for the current fiscal year and be subject 
to revision, if necessary, in September as provided for hereinafter: Provided, 
however , That no new subject not provided for in the curriculum adopted prior 
to the taking effect of this act and not specifically provided for in said pre¬ 
liminary budget shall be taught nor shall any expenditure be made therefor. 
(L. ’23, p. 355, sec. 3.) 

825. Notice of hearing 

The board of directors shall immediately after the compilation of said 
preliminary budget publish a notice stating that said board of directors has 
completed said preliminary budget and placed the same on file with the clerk 
of said board, that a copy thereof will be furnished any taxpayer who will call 
upon the said clerk for it, and that said board of directors will meet on the 
Wednesday next following the first Monday in April thereafter for the purpose 
of fixing and adopting the budget of the district for the ensuing fiscal year. 
Such notice shall designate the time and place of said meeting and state that 
any taxpayer may appear thereat and be heard for or against any part of such 
budget. Such notice shall be published once each week for two consecutive 
weeks immediately following the compilation of said preliminary budget in the 
official newspaper of the district, or if there be none, in a newspaper of general 
circulation in the county. The board of directors shall provide a sufficient 
number of copies of said detailed and comparative preliminary budget to meet 
the reasonable demands of the taxpayers therefor, and the same shall be made 
available for distribution not later than two weeks immediately preceding the 
said Wednesday following the first Monday in April. (L. ’23, p. 355, sec. 4.) 

826. Hearing and adoption 

On the first Wednesday following the first Monday in April the board of 
directors shall meet at the time and place designated in said notice whereat 
any taxpayer may appear and be heard for or against any part of such budget. 
Such hearing may be continued not to exceed a total of two days. 

Upon the conclusion of such hearing the board of directors shall fix and 
determine each item or class of the budget separately and shall by resolution 
adopt the budget as so finally determined and enter the same in detail in the 
official minutes: Provided. That the estimates for the expenditures depending 
directly upon the September enrollment as to amount, as designated in section 
824, shall be adopted tentatively, subject to revision in September as herein¬ 
after provided. (L. ’23, p. 356, sec. 5.) 

827. Levies of tentative adoptions—hearing—certification to commissioners 

On the first Monday in October following, the board of directors shall meet, 

and. if necessary, revise those items of the final budget adopted tentatively as 



372 


Code of Public Instruction 


provided for in section 826 to meet the requirement of the enrollment as de¬ 
termined in September. Any taxpayer may appear thereat and be heard for or 
against any proposed revision. The board of directors shall then certify the 
final budget and the amount to be raised by taxation to the county commis¬ 
sioners for the levying of the district taxes in the manner now provided by 
law. A copy of said final budget shall be immediately forwarded to the said 
division of municipal corporations. (L. ’23, p. 356, sec. 6.) 

Cross-references: Tax levies in districts of the first class, secs. 664-665 ; in 
districts generally, sec. 779. 

828. Expenditures limited by budget 

The budget as finally adopted shall constitute the appropriations of the 
district for the ensuing fiscal year and the board of directors shall be limited 
in the making of expenditures and the incurring of liabilities to the grand 
total of such appropriations: Provided, That the board of directors shall make 
no expenditures nor incur any liability for any purpose not provided for in 
said budget, except for emergencies as hereinafter provided. Expenditures made, 
liabilities incurred or warrants issued in excess of said appropriations shall not 
be a liability of the district. (L. ’23, p. 357, sec. 7.) 

Cross-reference: Directors not to contract indebtedness in excess of income, 
sec. 780. 

829. Emergency warrants 

Upon the happening of any emergency caused by the destruction or impair¬ 
ment of any school property necessary for the maintenance of school, or to 
provide school facilities for an enrollment not contemplated in the budget, or 
by epidemic, or by the entering by a court of competent jurisdiction of judg¬ 
ment for damages against the district, or by the enactment of legislation since 
the adoption of said budget requiring expenditures not contemplated therein, 
the board of directors, upon the adoption by the unanimous vote of the directors 
present at any meeting the time and place of which all the directors shall have 
had reasonable notice of a resolution stating the facts constituting the said 
emergency and provided that there is sufficient unappropriated surplus to the 
credit of the district to provide for such emergency, may authorize the issuance 
of warrants against the general fund to meet said emergency: Provided. That 
said surplus shall be deemed appropriated to the extent of such emergency 
warrants issued against it until reimburseed as hereinafter provided. 

The board of directors shall file a certified copy of such emergency resolu¬ 
tion together with a written authorization for the issuance of such warrants 
with the county auditor and with the county treasurer and thereupon the county 
auditor shall issue warrants on the order of the board of directors: Provided, 
The total amount of such warrants shall not exceed the amount of said unap¬ 
propriated surplus to the credit of the district; and the treasurer is hereby 
authorized to pay such warrants out of any moneys on hand in the general 
fund of such district and if there be none then such warrants shall be registered, 
bear interest and be called in the manner provided by law. 

The board of directors shall include in their annual budget the total amount 
of emergency warrants issued during the preceding fiscal year and shall cause 
a sufficient sum to be levied to reimburse said general fund for the amount of 
such emergency warrants. (L. ’23, p. 357, sec. 8.) 

Cross-references: Satisfaction of judgments, secs. 598-599 ; disbursements in 

districts of the first class, sec. 656 ; general fund, sec. 779 ; registration of warrants 
of districts of the first class, sec. 853; payment and calling of warrants, sec. 856, 
subd. 4 ; interest rate on school warrants, secs. 857-859. 

830. Lapse of appropriations 

All appropriations shall lapse at the end of the fiscal year: Provided, That 
the appropriation accounts shall remain open for a period of twenty days there¬ 
after for the payment of claims incurred against them before the close of the 
fiscal year. At the expiration of said period all appropriations shall become 
null and void and any claim presented thereafter against any such appropriation 
for the fiscal year just closed shall be provided for in the next budget: Provided, 
That this shall not prevent payments upon uncompleted improvements in prog¬ 
ress at the close of the fiscal year: And provided further, That this shall not 






State of Washington 


373 


prevent the accumulation of sinking funds, building funds, insurance funds or 
any other funds which the district may lawfully accumulate for a specific pur¬ 
pose. (L. ’23, p. 358, sec. 9.) 

Cross-references: Permanent insurance funds in districts of the first class, secs. 
666-668 ; creation of building fund, sec. 801 ; bond redemption fund, sec. 804 ; transfers 
when accounts with appropriations are closed, sec. 833 ; June 30 ends fiscal year of 
school districts, sec. 837. 

831. Division of municipal corporations—duties 

The state division of municipal corporations is hereby empowered and 
directed to make and install such forms and classifications as are required 
herein, to define for the school accounting officers what expenditures shall be 
chargeable to each budget class and to establish such accounting and cost 
systems as may be necessary to secure accurate budget information. (L. ’23, 
p. 359, sec. 10.) 

Cross-references: Installation of uniform system of accounting, sec. 841. 

832. Penalty 

Any person violating any of the provisions of this act shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined not less than twenty- 
five dollars nor more than one hundred dollars. (L. ’23, p. 359. sec. 11.) 

ARTICLE VII—ACCOUNTS 

833. Separate accounts for each fund. 

834. Examination of all public offices—witnesses—prosecution. 

835. Claims for services and supplies—affidavit. 

836. County auditor deputy supervisor. 

837. Fiscal year. 

838. Expense of bureau borne by state. 

839. Expenses for local examination in tax districts. 

840. Powers transferred to director of taxation and examination. 

841. Installation of uniform system of accounts and reports. 

842. Contents of reports. 

843. Penalties—transfers. 

844. State examiners. 

Cross-references: Clerk to keep accounts, sec. 587, subd. 2 ; auditing in districts 
of the first class, sec. 659. 

833. Separate accounts for each fund 

Separate accounts shall be kept for every appropriation or fund made by 
a taxing body or legislative, showing date and manner of each payment made 
out of the funds provided by such appropriation, the name, address and vocation 
of each person, organization, corporation or association, to whom paid, and for 
what purpose paid. Separate accounts shall be kept for each department, public 
improvement, undertaking, institution and public service industry under the 
jurisdiction of every taxing body, and of the state, and all service rendered by, 
or property transferred from, one department, public improvement, undertaking, 
institution or public service industry to another, shall be paid for at its true 
and full value by the department, public improvemnet, undertaking, institution 
or public service industry receiving the same, and no department, public im¬ 
provement, undertaking, institution or public service industry shall benefit in 
any financial manner whatever by an appropriation or fund made for the support 
of another department, public improvement, undertaking, institution or public 
service industry. All unexpended balances or appropriations shall be trans¬ 
ferred to the fund from which appropriated whenever the account with an ap¬ 
propriation is closed. (L. ’09, p. 137, sec. 3; R. C. S., sec. 9953; P. C., sec. 6607.) 

Cross-reference: Closing of appropriation accounts in districts of the first class, 
sec. 830. 

834. Examination of all public offices—witnesses—prosecution 

The state auditor, a deputy state inspector and supervisor, and every state 
examiner shall have power by himself or by any person legally appointed to 






374 


Code of Public Instruction 


perform the service, to examine into all financial affairs of every public office 
and officer; such examination of the financial affairs of townships, incorporated 
cities and towns and school district shall be made at least once in every two 
years; all other examinations shall be made at least once a year. On every 
such examination inquiry shall be made as to the financial condition and re¬ 
sources of the taxing district; whether the constitution and statutory laws of 
the state, the ordinances and orders of the taxing district and the requirements 
of the bureau of inspection and supervision of public offices have been properly 
complied with; and into the methods and accuracy of the accounts and reports 
the state auditor, his deputies, every state examiner and every person legally . 
appointed to perform such service, shall have and may exercise the necessary 
authority to issue subpeonas and compulsory process and to direct the service 
thereof by any constable or sheriff, to compel the attendance of witnesses and 
the production of books and papers before him at any designated time and 
place and to administer oaths. Where any person summoned to appear before 
the person making such examination and give testimony, shall neglect or refuse 
to appear, or shall neglect or refuse to answer any question that may be put to 
him touching any matter under examination, or to produce any books or papers 
required, the person making such examination shall apply to a superior judge 
of the proper county to issue a subpoena for the appearance of such person 
before him; and it shall be the duty of such superior judge to order the issuing 
of such subpoenas for the appearance of such person forthwith before him to 
give testimony; and if any person so summoned shall fail to appear or appear¬ 
ing shall refuse to testify or to produce any books or papers required, he shall 
be subject^to like proceedings and penalties for contempt as witnesses in actions 
pending in the superior court. Willful false swearing in any such examination 
shall be perjury and shall be punishable as such. A report of such examination 
shall be made in triplicate, one copy to be filed in the office of the state auditor, 
one in the auditing department of the taxing district reported upon, and one 
in the office of the attorney general. If any such examination discloses mal¬ 
feasance, misfeasance or nonfeasance in office on the part of any public officer 
or employe, within thirty days from the receipt of such copy of said report, it 
shall be the duty of the attorney general and he is hereby authorized to in¬ 
stitute and prosecute without delay in the proper county such legal action as is 
proper in the premises by civil process and promptly and efficiently prosecute 
the same to final determination to carry into effect the findings of any such 
examination. Before or after such legal action is commenced it shall not be 
lawful for the county commissioners or any board or officer to make a settlement 
or compromise of any claim arising out of such malfeasance, misfeasance or 
nonfeasance or any action commenced therefor or for any court to enter up any 
compromise or settlement of such action, without the written approval and 
consent of the attorney general and the state auditor. (L. ’09, p. 140, sec. 8; 
R. C. S., sec. 9958; P. C., sec. 6612.) 

Cross-reference: Duties of state auditor and bureau of inspection and supervision 
of public offices as to taxing districts transferred to division of municipal corporations, 
sec. 840. 

1. When the county auditor suspects or lias reason to believe that the business 
methods and accounts of any school district or school district officer require a special 
investigation, it is his duty to report the facts to the bureau of inspection and super¬ 
vision of public offices. The investigation, if deemed advisable, can then be made 
under the direction of the bureau, either by the county auditor or some person legallv 
qualified for such service, and necessary witnesses may be required to appear with 
the books and papers at the time and place designated bv the bureau. < Attv Gen. 
Ops., 1911-12, p. 27.) 

S3o. Claims for services and supplies—affidavit 

Each and every claim for services performed, supplies furnished or claims 
of any nature for which compensation is asked, shall be sworn to before an 
officer authorized to administer oaths; that all public officers are required to 
take such affidavits without charge: Provided , That this section shall not apply 
to officers or employes drawing annual or monthly salaries, nor to the salaries 
of legislators, legislative employes, nor to the fees of jurors and witnesses: 
And proinded further , That payrolls for daily wages may be sworn to by the 





State of Washing ton 


375 


superintendent, foreman or person in charge of the work. (L. ’09, Ex. Sess. p. 
56, sec. 1; R. C. S., sec. 9959; P. C., sec. 6613.) 

Cross-references: Authority to administer oaths conferred on superintendent of 
public instruction, sec. 6, subd. 15 ; on county superintendent, sec. 440, subd. 9 ; on 
district officers, sec. 579. 

836. County auditor deputy supervisor 

Each county auditor shall be ex-officio deputy supervisor and in such 
capacity shall be under the direction of the chief inspector and the supervisor 
of public offices, but shall receive no additional salary or compensation by virtue 
of the same and shall perform no duties as such, except in connection with 
county business. (L. ’09, p. 143, sec. 12; R. C. S., sec. 9962; P. C., sec. 6616.) 

Cross-reference: Duties of county auditor with reference to school districts, sec. 
845 et seq. 

837. Fiscal Year 

June 30 shall end the fiscal year of school districts and December 31 of all 
other taxing districts. (L. ’09, p. 143, sec. 13; R. C. S., sec. 9963; P. C., sec. 
6617.) 

Cross-references: June 30 ends school year. sec. 245 ; fiscal year for state teachers’ 
retirement fund defined, sec. 334 ; June 30 ends fiscal year for state teacher’s retirement 
fund, sec. 344 ; for local funds, sec. 692 ; appropriations of school districts of the first 
class lapse at end of fiscal year, sec. 830. 

838. Expenses of bureau borne by state 

The expense of maintaining and operating the bureau herein provided for 
shall be paid out of the state general fund in the same manner as other state 
employes. (L. ’ll, p. 108, sec. 1; R. C. S., sec. 9960; P. C., sec. 6614.) 

839. Expenses for local examination in tax districts 

The expense of auditing public accounts shall be borne by each taxing dis¬ 
trict for the auditing of all accounts under its jurisdiction and the state auditor 
is hereby authorized and empowered to certify the expense of such audit to the 
auditor of the county in which said taxing district is situated, who shall 
promptly issue his warrant on the county treasurer payable out of the current 
expense fund of the county, said fund, except as to auditing the financial affairs 
and making inspection and examination of the county, to be reimbursed by the 
county auditor out of the money due said taxing district at the next monthly 
settlement of the collection of taxes and to be transferred monthly by the county 
treasurer to the current expense fund: Provided, That when such examiners 
are used in auditing the accounts of state offices and institutions, they shall be 
paid by the state. (L. ’ll, p. 108, sec. 1; R. C. S., sec. 9961; P. C., sec. 6615.) 

1. Fees of witnesses in an examination into the financial condition of a school 
district are a proper charge against the district if the witnesses actually attended the 
hearing and traveled the mileage stated in their claims. A state examiner has 
authority to employ a stenographer for such hearing to transcribe the proceedings and 
make necessary copies and the expense of such employment is a proper charge against 
the district. (Atty. Gen., May 23, 1916.) 

840. Powers transferred to director of taxation and examination 

The director of taxation and examination shall have the power, and it shall 
be his duty, through and by means of the division of municipal corporations: 

(1) To exercise all the powers and perform all the duties relating to the 
inspection and supervision of public offices of counties, cities, towns, townships, 
taxing districts, assessing districts, and other municipal corporations, now 
vested in, and required to be performed by, the state auditor, the bureau of 
inspection and supervision of public offices, and the inspector, deputy inspectors 
and examiners thereof; 

(2) To exercise such other powers and perform such other duties as may 
be provided by law. (L. ’21, p. 34, sec. 55; R. C. S., sec. 10813; P. C., sec. 4-55.) 

841. Installation of uniform system of accounts and reports 

The state auditor, through said bureau, shall formulate, prescribe and install 
a system of accounting and reporting in conformity with the provisions of this 
act, that shall be uniform for every state office and every state educational. 




376 


Code of Public Instruction 


benevolent, penal and reformatory institution, public institution and every 
public office and every public account of the same class, and which shall exhibit 
true accounts and detailed statements of funds collected, received and expended 
for account of the public for any purpose whatever, and by all public officers, 
employes or other persons, such accounts to show the receipt, use and disposi¬ 
tion of all public property, and the income, if any, derived therefrom, and of all 
sources of public income and the amounts due and received from each source, 
all receipts, vouchers and other documents kept, or that may be required to be 
kept, necessary to isolate and prove the validity of every transaction, and all 
statements and reports made or required to be made, for the internal adminis¬ 
tration of the office to which they pertain and all reports published, or that may 
be required to be published, for the information of the people, regarding any and 
all details of the financial administration of public affairs. (L. ’09, p. 137, sec. 
2; R. C. S., sec. 9952; P. C., sec. 6606.) 

Note : Powers of bureau as to state offices and institutions transferred to director 
of efficiency, administrative code, Laws 1921, p. 30, sec. 47. 

Cross-reference: Bureau to prescribe books, records, blanks and forms for local 
teachers’ retirement funds, sec. 686 : division of municipal corporations to establish 
accounting and cost systems for districts of the first class, sec. 831. 

842. Contents of reports 

The state auditor, through said bureau, shall require from every taxing dis¬ 
trict, state, educational, penal, benevolent and reformatory institution and public 
institution financial reports covering the full period of each fiscal year, in 
accordance with the forms and methods prescribed by him, which shall be 
uniform for all accounts of the same class, which said reports shall be prepared, 
certified and filed with said bureau within thirty days after the close of each 
fiscal year by the auditing department of said taxing district or public institu¬ 
tion. Such reports shall contain an accurate statement in summarized form 
of all collections made by or receipts received by the officers from all sources, 
all accounts due the public treasury but not collected, and of all expenditures 
for every purpose and by what authority authorized, and also: (a) A statement 
of all costs of ownership and operation and of all income of each and every 
public service industry owned and operated by a municipality, (b) A statement 
of the entire public debt of every taxing district to which power has been 
delegated by the state to create a public debt, showing the purpose for which 
each item of the debt was created, the provisions made for the payment of the 
debt; a classified statement of all receipts and expenditures by any state office, 
state educational, penal, benevolent and reformatory institution and all public 
institutions together with such other information as may be required by the 
state auditor. Such reports shall be certified as to their correctness by said 
state auditor, his deputies, the chief inspector and supervisor of public offices, 
or other person legally authorized to make such certificate. Their substance 
shall be published in an annual volume of comparative statistics that shall be 
issued for each class of accounts at the expense of the state as a public docu¬ 
ment, and sha,ll be submitted by the state auditor to, the governor for trans¬ 
mittal to the legislature at the next regular session, or at a special session when 
required. (L. ’09, p. 138, sec. 5; R. C. S., sec. 9955; P. C., sec. 6609.) 

843. Penalties—transfers 

It shall be the duty of every public officer and employe to keep all accounts 
of his office in the form prescribed and to make all reports required by the 
state auditor. Refusal or neglect to perform these duties shall be deemed an 
offense against the efficiency of public administration and the welfare of the 
people, and shall be punished by removal from office, after trial and conviction 
by a court of competent jurisdiction. Every public officer and employe whose 
duty it is to collect or receive payments due or for the use of the public shall 
deposit such moneys collected or received by him with the treasurer of the 
taxing district once every twenty-four consecutive hours. In case a public 
officer or employe collects or receives funds for the account of a taxing district 
of which he is [not] an officer or employe, he shall, during the Saturday of each 
week, pay to the proper officer of the taxing district for account of which the 
collection was made or payment received, the full amount collected or received 




377 


State of Washington 


during the current week, for the account of such taxing district. (L ’ll n 108 
sec. 1; R. C. S., sec. 9956; P. C., sec. 6610.) 


County treasurer to be ex-officio treasurer of school districts, 


Cross-ref eren ce: 
sec. 856. 

1. The division of municipal corporations has authority to require that when 
claims against school districts of the second and third class have been properly 
approved by the directors the clerk shall deliver the vouchers to the auditor for 
issuance of warrants. (Atty. Gen. Ops., 1915-16, p. 165.) 


844. State examiners 

After the bureau of inspection and supervision shall have formulated and 
installed the system of uniform accounting in any or all classes of public offices, 
the state auditor is hereby empowered to appoint additional assistants as re¬ 
quired to administer the provisions of this chapter, said additional assistants 
shall be known as state examiners, who shall each be paid at the rate of not 
more than two hundred dollars ($200.00) per month for the time necessary to 
the performance of his duties, and in addition thereto, his railroad fare and 
three dollars ($3.00) per day for his expenses when awav from his domicile. 
(L. ’19, p. 289, sec. 1; R. C. S., sec. 9957; P. C., sec. 6611.) 


ARTICLE VIII—DISBURSEMENTS 

845. County auditor to issue warrants. 

846. Districts of the third class only. 

847. Shall audit accounts of school districts. 

848. Shall countersign and register warrants. 

849. Shall not register warrant, when. 

850. When county superintendent must approve order. 

851. Warrant for last month’s salary. 

852. Registration of warrants—reports. 

853. Registration of warrants of first and second class districts. 

854. Check for entry of redeemed warrants. 

855. Annual report to county superintendent. 

856. Duties of county treasurer. 

857. Legal rate of interest on school warrants. 

858. Issuing officer to regulate rate. 

859. Order of payment of all municipal warrants—interest. 

Cross-reference: Auditing and payment of claim in districts of the first class, 
secs. 656 and 659. 

845. County auditor to issue warrants 

All warrants for the payment of claims against diking, ditch, drainage and 
irrigation and school districts of the second and third class shall be drawn 
and issued by the county auditor of the county wherein such district is located, 
upon vouchers properly approved by the respective commissioners, trustees or 
directors of such district. (L. ’15, p. 248, sec. 1; R. C. S., sec. 4096; P. C., sec. 
1625.) 

Cross-references: Auditor to draw warrants against districts to pay for teachers’ 
registers, sec. 440, subd. 19 ; signatures of directors and clerks to be filed with auditor, 
sec. 581; districts of the second class defined, sec. 720; districts of the third class 
defined, sec 733. 

1. County officers as custodians of trust funds, created by act of congress of 
May 23, 1908 (35 Stat. 260; U. S. Comp. Stat., sec. 5149), from proceeds of forest 
reserves, to be used for the benefit of public schools and roads of the county or 
counties in which such reserves are situated, are liable for any misappropriation and 
must account to the fund, for the sums diverted: Everett School District No. 2b 
Snohomish County, Wash., v. Pearson, 261 Fed. 631. 

2. Under the former statute providing for issuance of warrants by boards of 
school directors, it was held that writ of mandamus did not issue at the suit of two 
directors to compel the third director to sign warrants for payment of teachers’ salaries 
because mandamus will lie only at the instance of parties in intei'est: State ex rel. 
Starrett v. James, 14 Wash. 82. 

3. Mandamus will lie upon the application of a school teacher to compel issuance 
of a salary warrant as prescribed by a contract because the remedy at law is inade¬ 
quate, since it could result only in judgment directing issuance of the warrant: State 
ex rel . Brown v. McQuade, 36 Wash. 579. 

4. The county auditor of the county wherein any school district of the second 
or third class is located is the issuing officer of that district’s warrants, and the duty 





378 


Code of Public Instruction 


of fixing the rate of interest the warrants shall draw devolves upon that officer. 
(Atty. Gen. Ops., 1915-16, p. 334.) 

5. The county auditor can legally refuse to issue warrants in payment for any 
claim for teaching on Saturday. (Atty. Gen. Ops., 1917-18, p. 356.) 

6. It is the duty of the auditor to obey an order of a court of competent juris¬ 
diction to issue a warrant against the funds of a district of the second or third class 
although not approved by the directors. (Atty. Gen., Nov. 11, 1915.) 

7. Warrants cannot be issued or registered in excess of the current revenues. 
The liability of the auditor for payment in such cases would probably depend upon 
whether he had actual knowledge of the financial condition of the district. (Atty. 
Gen., Jan. 21, 1921.) 


846. Districts of the third class only 

The duties of the county auditor hereinafter defined shall relate only to 
districts of the third class unless otherwise expressly provided. (L. ’09, p. 308, 
sec. 1; R. C. S., sec. 4857; P. C., sec. 5053.) 

847. Shall audit accounts of school district 

The county auditors of the several counties of this state shall audit all 
accounts of the several school districts of their respective counties, the same 
as other accounts are audited with the other departments of the county. (L. 
’09, p. 308, sec. 2; R. C. S., sec. 4858; P. C., sec. 5053a.) 

1. Wherever the county auditor suspects or has reason to believe that the busi¬ 
ness methods and accounts of any school district or school district officer require a 
special investigation, it is his duty to report the facts to the bureau of inspection and 
supervision of public offices. The investigation, if deemed advisable, can then be made 
under the direction of the bureau, either by the county auditor or some person legally 
qualified for such service, and necessary witnesses may be required to appear with 
the books and papers at the time and place designated by the bureau. Atty. Gen. 
Ops., 1911-12, p. 27.) 

2. The county auditor may question the legality of warrants although they have 
been certified by the directors as a proper charge. (Atty. Gen., Oct. 29, 1915.) 

3. The offices of county auditor and school director cannot be held by the same 
person. (Atty. Gen., Apr. 2, 1921.) 

4. The county auditor does not have authority to require an itemized statement 
to accompany a voucher of a school district of the second or third class except in 
cases where the vouchers are otherwise ambiguous. (Atty. Gen., Aug. 18, 1921.) 

848. Shall countersign and register warrants 

He shall countersign and register warrants for the payment of all teachers’ 
salaries, supplies, apparatus, and accounts against the district upon the written 
order of the majority of the members of the school board of each district. (L. 
’09, p. 308, sec. 3; R. C. S., sec. 4859; P. C., sec. 5054.) 

1. Under the former statute providing for issuance of warrants by boards of 
school directors, it was held that writ of mandamus did not issue at thq suit of two 
directors to compel the third director to sign warrants for payment of teachers’ 
salaries because mandamus will lie only at the instance of parties in interest: State 
ex rel. Starrett v. Janies, 14 Wash. 82. 

2. While school district warrants issued for supplies purchased are not negotiable 
within the law merchant, they are negotiable in so far as the transfer of title is con¬ 
cerned, subject only to any defense which might have been made to the claim on which 
they were founded: Woodworth v. School District No. 2, 103 Wash. 677; 92 Wash. 456. 

3. The fact that school district warrants issued for supplies purchased, were not 
countersigned and registered by the auditor before delivery, under secs. 848 and 853, 
does not prevent their subsequent countersigning and registration before any change 
in the situation of the parties, who were in the same position as though new warrants 
had been then issued, countersigned, registered and delivered: Id. 


849. Shall not register warrant, when 

No warrant shall be countersigned and registered for the payment of any 
teacher who is not qualified within the meaning of the law of this state, nor 
unless a written contract be filed with the county superintendent in accordance 
with the provisions of the law. (L. ’09, p. 308, sec. 4; R. C. S., sec. 4860; P. C., 
sec. 5055.) 

Cross-references: Qualified teachers defined, secs. 289 and 310; teachers’ con¬ 
tracts required to be registered by county superintendent, sec. 440, subd. 10, and 
sec. 582, subd. 1. 




State of Washington 


379 


850. When county superintendent must approve order 

No warrants for maps, charts and apparatus shall be countersigned and 
registered until the order shall have been approved by the county superintendent. 
(L. ’09, p. 309, sec. 5; R. C. S., sec. 4861; P. C., sec. 5056.) 

Cross-reference: Written approval of county superintendent required for purchase 
of maps, charts and other apparatus for districts of the third class, sec. 740. 

851. Warrant for last month’s salary 

He [the county auditor] shall not countersign and register the warrant in 
payment of the last month’s salary of teachers in districts of the third class until 
he shall receive due notice from the county superintendent that the teacher’s 
final report has been made to the said county superintendent. (L. ’09, p. 309, 
sec. 6; R. C. S., sec. 4862; P. C., sec. 5057.) 

Cross-references: Teacher’s report required to be filed with county superintendent, 
sec. 4 41 ; penalty for failure, sec. 312. 

852. Registration of warrants—reports 

He shall cause all school warrants of the district issued by him to be 
registered" in the treasurer’s office and retain the vouchers on file in his office. 
(L. ’ll, p. 377, sec. 1; R. C. S., sec. 4863; P. C., sec. 5058.) 

Cross-reference: County treasurer to register school warrants presented by county 
auditor, sec. 856, subd. 4. 

853. Registration of warrants of first and second class districts 

He shall register in his own office, and present to the treasurer for regis¬ 
tration in the office of the county treasurer, all warrants of the first and second 
class districts received from secretaries and clerks thereof before delivery of 
the same to claimants. (L. ’ll, p. 377, sec. 1; R. C. S., sec. 4864; P. C., sec. 
5059.) 

Cross-reference: Authority to register emergency warrants of districts of the 

first class, sec. 829. 

1. While school district warrants issued for supplies purchased are not negotiable 
within the law merchant, they are negotiable in so far as the transfer of title is 
concerned, subject only to any defense which might have been made to the claim on 
which they were founded: Woodworth v. School District No. 2, 103 Wash. 677; 92 
Wash. 456. 

2. The fact that school district warrants issued for supplies purchased, were not 
countersigned and registered by the auditor before delivers', under secs. 846 and 853, 
does not prevent their subsequent countersigning and registration before any change 
in the situation of the parties, who were in the same position as though new warrants 
had been then issued, countersigned, registered and delivered: Woudioorth v. School 
District No. 2, 103 Wash. 677. 

3. This section is an additional section adding to the duties of the county auditor, 
provided for in secs. 846-851, inclusive, and superseding all parts of the code of public 
instruction in conflict with its provisions. (Atty. Gen. Ops., 1911-12, p. 90.) 

854. Check for entry of redeemed warrants 

He shall check the redeemed warrants of each school district after each 
monthly settlement with the treasurer, enter the date redeemed in his school 
warrant register, and certify as to the correctness of the treasurer’s reports to 
such school districts. (L. ’ll, p. 377, sec. 1; R. C. S., sec. 4865; P. C., sec. 5060.) 
Cross-reference: Treasurer’s report to districts, sec. 856, subds. 5 and 6. 

855. Annual report to county .superintendent 

He shall make an annual report to the county superintendent of schools 
on or before the fifteenth day of July in such form as may be prescribed by 
the superintendent of public instruction. (L. ’ll, p. 377, sec. 1; R. C. S., sec. 
4866; P. C., sec. 5061.) 

Cross-references: Annual report of district finances to division of municipal cor¬ 
porations, sec. 842. 

856. Duties of county treasurer 

The county treasurer of each county of this state shall be ex-officio treasurer 
of the several school districts of their respective counties, and it shall be the 
duty of each county treasurer: 

First. To receive and hold all moneys belonging to such school districts, 
and to pay them out only on warrants legally issued. 



380 


Code of Public Instruction 


Second. To certify to the county superintendent of common schools and 
the auditor of his county, quarterly of each year at the time of the state appor¬ 
tionment, the amount of all school funds in his possession subject to appor¬ 
tionment on the last day of the preceding month, which certificate shall specify 
the source or sources from which said moneys were derived. 

Third. To make annually, on or before the fifteenth day of July, a report 
to the county superintendent and auditor of his county, which report shall 
show the amount of school funds on hand at the beginning of the school year 
last past belonging to each school district; the amount of funds placed to the 
credit of each school district during the school year ending June 30th, last 
past, and the sources from which said funds were derived; the amount of war¬ 
rants registered during the year, the amount of funds disbursed upon warrants 
of each school district during the year; the amount of funds remaining in his 
possession at the close of the school year subject to be paid out upon warrants, 
and the fund to which said moneys belong; also the amount of all unpaid war¬ 
rants or bonds appearing upon his register at the close of the school year. 

Fourth. He shall register all school warrants presented to him by the 
county auditor in a book to be known as the "Treasurer’s School District War¬ 
rant Register,” which register shall show the date issued, number of warrant, 
to whom issued, amount and purpose, date registered, date advertised, interest 
if any accruing on said warrant, total as redeemed, date redeemed and to 
whom paid. If the district has money in the fund on which the warrant is 
drawn no endorsement on the warrant is necessary, but if there be no money 
to the credit of the fund on which the warrant is registered he shall endorse 

on said warrant the following: "This warrant bears interest at.per cent 

per annum from.until called for payment.County Treasurer. 

By.Deputy.” All warrants shall be paid in the order of their presenta¬ 

tion to the county treasurer; and it is hereby made the duty of the county 
treasurer to advertise, at least quarterly, all warrants which he is prepared to 
pay, in the same manner in which he is required to advertise county warrants, 
and after the date fixed in said notice, warrants shall cease to draw interest. 

Fifth. He shall prepare and submit to the secretary of each district of 
the first class, and to the clerk of each district of the second and third class 
in his county a written report of the state of the finances of such district on 
the first day of each month, which report shall be submitted not later than 
the seventh day of said month, certified to by the county auditor, which report 
shall contain the balance on hand the first of the preceding month, the funds 
paid in, warrants paid with interest thereon, if any, the number of warrants 
issued and not paid, and the balance on hand. 

Sixth. After each monthly settlement with the county commissioners the 
treasurer of each county shall submit a statement of all cancelled warrants of 
districts of the first or second class to the secretary or clerk of such district, 
which statement shall be verified to the county auditor. The cancelled warrants 
of each district shall be preserved separately and shall at all times be open to 
inspection by the secretary or clerk or by any authorized accountant of such 
district. 

Seventh. He shall remit all moneys derived from the sale of school reg¬ 
isters, and school clerks’ record books to the state treasurer, as other moneys 
are required to be remitted, and the state treasurer shall place such moneys 
to the credit of the general fund of the state. (L. ’ll, p. 386, sec. 1; R. C. S., 
sec. 4867; P. C., sec. 5062.) 

Cross-references: County treasurer to be treasurer of local retirement funds, 
sec. 684; duties of county treasurer with reference to issuance of bonds under act 
relating to validation of indebtedness, secs. 793, 794 and 796; with reference to sale 
of bonds under school district bond act, sec. 800 et seq., under serial bond act of 1923, 
sec. 815 et seq., registration of bonds, sec. 800 and sec. 819 et seq. 

1. A county treasurer, who is ex-officio treasurer of a school district of his county, 
is not entitled to a commission or percentage for receiving and disbursing the proceeds 
of certain school bonds of his district, whether he acted in the performance of such 
duties as the treasurer of the county or of the district: School District v Cole 4 
Wash. 395. 

2. The offices of school director and county treasurer are incompatible and cannot 
be held by the same person at the same time. (Atty. Gen. Ops., 1917-18, p. 38.) 









381 


State of Washinpton 


Notes on subdivision 1 

Cross-references: Issuance of warrants for districts of the first class, sec. 656 ; 
of emergency warrants for districts of the first class, sec. 829 ; of all warrants of 
districts of the second and third classes, sec. 845. 

3. County officers as custodians of trust funds, created by act of congress of 
May 23, 1908 (35 Stat. 260; U. S. Comp. Stat., sec. 5149), from proceeds of forest 
reserves, to be used for the benefit of public schools and roads of the county or 
counties in which such reserves are situated, are liable for any misappropriation and 
must account to the fund for the sums diverted: Everett School District No. 24, 
Snohomish County, Wash., v. Pearson, 261 Fed. 631. 

4. Under former statute, Laws 1893, p. 286, sec. 7, forbidding the county treasurer 
to pay a warrant on which the signatures of the issuing school officers did not 
correspond with their signatures on file in his office, the holder of a forged school 
warrant purchased in reliance upon the treasurer’s indorsement could not maintain an 
action against the treasurer or the sureties on his bond, because school warrants are 
not negotiable under the law merchant, and the protection of the statute was intended 
for the county and school districts rather than for the public at large: Roberts v. 
Prescott, 15 Wash. 462. 

5. A complaint in an action to recover on school warrants does not state a cause 
of action when it appears therefrom that the invalidity of the warrants had been 
determined in a suit to which the present plaintiff was a party defendant, even though 
the judgment was upon the unintentional default of the defendant in the prior action : 
Seattle National Bank v. School District, 20 Wash. 368. 

6. The payment by the county treasurer of a school warrant issued by a board of 
directors in the payment of a contract expressly forbidden by statute may be enjoined 
at the suit of a citizen and taxpayer, although the amount involved is trival: Miller 
v. Sullivan, 32 Wash. 115. 

7. The county treasurer does not have the right against the will of the directors 
to transfer arbitrarily moneys from a special to the general fund, particularly in 
case where moneys paid into the special fund accrue from taxes levied to pay teachers’ 
wages and current expenses. (Atty. Gen. Ops., 1907-8, p. 429.) 

8. If the county treasurer has reason to believe, either from matters appearing 
upon the face of a warrant, from the records of his office, or from other matters 
coming to his attention, that the warrant is illegal, it is his duty to make such 
investigation as will satisfy him of the legality of the warrant, or if he finds the 
same to be illegal, to refuse payment thereof. On the other hand, if the warrant is 
regular upon its face, and the county treasurer has no reason to believe that it is 
illegal, then he is justified in paying the same without further investigation. (Atty. 
Gen., Aug. 18, 1911.) 

Notes on subdivision 2 

Cross-references: Apportionments now made eight times per year instead of 

quarterly, sec. 763 ; county superintendent to certify result of apportionments to county 
treasurer, sec. 773. 

9. As to construction of former statute, Laws 1891, p. 25 8, sec. 27, requiring the 
county treasurer to certify school moneys subject to apportionment within twenty 
days after the dav on which taxes become delinquent, see School District v. Fairchild, 
10‘Wash. 198. 


Notes on subdivision 3 

Cross-references: June 30 ends school year, sec. 245 ; and fiscal year for school 
districts, sec. 837. 

Notes on subdivision 4 

10. There appears to be no time limit within which warrants must be presented 
for payment, after call. The only effect that a treasurer’s call for a warrant has is to 
stop the running of interest. (Atty. Gen. Ops., 1903-4, p. 183.) 

11. A teacher who feels forced to discount his warrant cannot collect money 
from a district to make good the amount of his discount, nor can the board, though 
willing, legally pay out money for such discount. (Atty. Gen. Ops., 1905-6. p. 304.) 

12. Since there is no statutory authority for the cancellation of school district 
warrants which have been drawn and have remained uncalled for, they must be paid 
at any time they may be presented to the county treasurer. (Atty. Gen. Ops., 1909-10, 

p. 186.) 

13. The statute of limitations begins to run against school warrants when they 
are called by the county treasurer. While it might be claimed that R. C. S., sec. 165, 
relating to action for relief not otherwise provided for would be the proper statute, it 
would be safer to follow R. C. S., sec. 157, providing that actions based upon a con¬ 
tract in writing or liability express or implied arising out of a written agreement must 
be commenced within six years after the cause of action has accrued. (Atty. Gen. 
Ops., 1911-12, p. 50.) 

14. A county treasurer who indorsed warrants presented as not paid for want 

of funds” when he had in his possession ample funds of the district for their payment 
is liable for loss to the district and his sureties are liable likewise on his bond. (Atty. 
Gen. Ops., 1913-14, p. 72.) , 4 , 

15. It is the duty of the county treasurer to register all school warrants presented 
to him by the county auditor but the treasurer cannot pay warrants which to his 
knowledge have been illegally issued although they may have been registered. (Atty. 

Gen., Oct. 27, 1917.) , .... 

16 Where the holder of warrants presented them to the county treasurer and 
they were endorsed “Not paid for want of funds” and it was subsequently found that 
there were ample funds on hand, at time of presentment, to pay them, the holder is 




382 


Code of Public Instruction 


entitled to interest from the time they were presented until they are paid, unless they 
are sooner called. (Atty. Gen., Mar. 16, 1923.) 

Notes on subdivision 7 

Cross-references: Payment for teachers’ registers, sec. 440, subd. 19; clerks' 

records, sec. 587, subds. 1 and 2. 

857. Legal rate of interest on school warrants 

All county, city, town and school warrants, and all warrants or other evi¬ 
dences of indebtedness, drawn upon or payable from any public funds, shall 
bear interest at a rate not greater than eight per centum per annum, unless 
a less rate be specified therein. (L. ’99, p. 129, sec. 4; R. C. S., sec. 7302; P. C., 
sec. 3158.) 

858. Issuing officer to regulate rate 

It shall be the duty of every public officer issuing public warrants to make 
monthly investigation to ascertain the market value of the current warrants 
issued by him, and he shall, so far as practicable, fix the rate of interest (not 
in any event, however, exceeding the maximum rate hereinbefore established 
therefor) on the warrants issued by him during the ensuing month so that 
the par value shall be the market value thereof. (L. ’99, p. 129, sec. 5; R. C. S., 
sec. 7303; P. C., sec. 3159.) 

Cross-references: Issuing officer for districts of the first class, sec. 656 ; for dis¬ 
tricts of the second and third classes, sec. 845. 

859. Order of payment of all municipal warrants—interest 

All county, school, city and town warrants shall be paid according to their 
number, date and issue, and shall draw interest from and after their presenta¬ 
tion to the proper treasurer: Provided, That no compound interest shall be paid 
directly or indirectly on any of said warrants. (L. ’93, p. 76, sec. 1; R. C. S., 
sec. 4116; P. C., sec. 1841.) 

PART IV—DESIGNATION AN1) INTENT OF CODE OF PUBLIC 

INSTRUCTION 


860. Official title. 

861. Intention of act. 

860. Official title 

This act shall be known and cited as the Code of Public Instruction of the 
State of Washington. (L. ’09, p. 376, sec. 1; R. C. S., sec. 5104; P. C., sec. 5275.) 

Note: “This act” refers to Laws ’09, chap. 97. 

1. Laws 1903, p. 325, entitled an act relating to the public schools, defining 
certain offenses and providing penalties, is not open to the objection that it embraces 
more than one subject which is not expressed in its title, by reason of including in the 
general law pertaining to school matters provisions prescribing penalties for offenses 
pertaining to school matters : State v. Packenham, 40 Wash. 403. 

2. A section in the school law defining a misdemeanor and providing for its 
punishment is illegally embraced within an act entitled, “An act to establish a general 
and uniform system of public schools in the state of Washington”: State ex rel. 
Henry v. MacDonald , 25 Wash. 122. That act would have been unconstitutional had 
the title contained a reference to the misdemeanors therein created and made punish¬ 
able since the foregoing case was rested on the doctrine that two distinct subjects wei*e 
attempted to be introduced in one act, which not only were not, but could not be, 
included in the title: State v. Ames, 47 Wash. 328, at p. 331. 

861. Intention of act 

This act is intended to be and is amendatory of, and a recodification as 
amended of, all laws relating to the public school system of the State of Wash¬ 
ington. (L. ’09, p. 376, sec. 2; R. C. S., sec. 5105; P. C., sec. 5276.) 

1. The school code, Code Pub. Ins., sec. 1 et seq., providing for a general and 
uniform public school system, does not impliedly repeal sec. 596, rendering a school 
district liable for torts ; in view of the fact that repeals by implication are not favored 
and that act makes no reference to liabilities for torts: Kelley v. School District 
No. 11, 102 Wash. 343. 

2. While the code of public instruction adopted by the legislature in 1909 is on 
its face an independent enactment, yet it should be construed in connection with the 
laws in existence at the time of its passage, and where the terms are similar or 
substantially similar to existing enactments, it should be taken as amendatory of the 
former law. (Atty. Gen., Oct. 22, 1909.) 






State of Washington 


383 


APPENDIX A 


RULES AND REGULATIONS, BY STATE BOARD 
OF EDUCATION 


TEACHERS 

. !• The teachers in the public schools of this state shall follow the pre¬ 
scribed course of study and enforce the rules and regulations of the state board 
of education, shall keep records, use blanks and render reports according to 
instructions. 


Cross-references: Teachers required to report to county superintendent, sec 312 ; 
penalty for failure to enforce course of study and rules and regulations of state board, 
sec. 316 ; penalty for failure to keep register properly, sec. 317 ; teachers required to 
enforce course of study and prescribed regulations, sec. 319. 


2. Teachers shall be held responsible for the care of all school property 
entrusted to them; shall frequently inspect the same and promptly report to 
the district clerk any damage it may have received. 

Cross-reference: Penalty for injury to school property by pupil, sec. 352. 

3. Each teacher shall prepare a program of daily exercises, a copy of which 
shall be posted in a conspicuous place in the school room. 


4. Teachers shall exercise watchful care over the conduct and habits of 
the pupils while under their jurisdiction. 

Cross-reference: Jurisdiction of teachers over pupils, sec. 313. 

5. Teachers shall maintain strict order and discipline in their schools at 
all times. Any neglect of this requirement shall be considered good cause for 
dismissal. Corporal punishment may be resorted to when it becomes necessary 
to the preservation of proper discipline. No cruel or unusual punishment shall 
be inflicted; and no teacher shall administer punishment on or about the head 
of any pupil. 

Cross-references: Penalty for maltreatment of a pupil by a teacher, sec. 314; 
pupils shall submit to authority of teachers, sec. 351. 


6. In any case of misconduct or insubordination, when the teacher deems 
it necessary for the good of the school, he may suspend a pupil, and shall imme¬ 
diately notify the directors of the district thereof for further action, and shall 
send a copy of said notice to the parents or guardians of the child. 

Cross-references: Suspension of pupils to be reported to directors, sec. 313; 
expulsion, sec. 351; suspension for injury to school property, sec. 352. 


7. Every public school teacher shall give vigilant attention to the tempera¬ 
ture and ventilation of the school room and shall see that the atmosphere of 
the room is frequently changed. 

Cross-reference: Attention to be given to ventilation and temperature, sec. 247. 


8. Teachers shall have the right, and it shall be their duty to direct and 
control within reasonable limits the studies of their pupils: Provided, That all 
pupils shall receive instruction in the branches included in the prescribed course 
of study. 

Cross-reference: Common branches prescribed, sec. 247. 

9. The use of tobacco in any form or place by a teacher is discountenanced, 
and the use of alcoholic stimulants in any form or place as a beverage is pro¬ 
hibited. The use of tobacco or any other narcotic on the school premises by a 
teacher shall work a forfeiture of his certificate 

Cross-reference: Intemperance specified as grounds for revocation of a teacher’s 
certificate, sec. 307. 

10. The teacher shall make an estimate of the worth of each pupil’s work in 
the several subjects as often as once every two months. This estimate should 







384 


Code of Public Instruction 


be based upon the pupil’s daily work, together with such tests as the teacher 
may deem it advisable to give during the period. 

At the close of every term of school the teacher shall thoroughly examine, 
in all necessary branches, all pupils whose work has not been satisfactory, and 
shall leave in the register a statement of the work completed by each pupil in 
each subject. He shall also leave a record of the deportment of each pupil. 

Cross-references: Penalty for failure to keep register properly, sec. 317 ; state 
grammar school examination, sec. 365. 

The rules of the state board of education do not require that the department of 
pupils be kept by percentages. (Supt. Pub. Instr., Aug. 28, 1913.) 

11. Teachers shall require excuses from the parents or guardians of pupils, 
either in person or by written note, in all cases of absence, tardiness or dis¬ 
missal before the close of school, and no excuse shall be deemed valid except 
that of sickness. Excuses for absence shall be placed in the hands of the attend¬ 
ance officer, and it shall be the duty of said attendance officer to investigate 
thoroughly each case and enforce the provisions of the law relating thereto. 

Cross-reference: Attendance officers, sec. 356. 

The rule of the state board of education, requiring excuses in person or by written 
note in case of absence, tardiness, or dismissal before the close of school, applies to 
high school students as well as to pupils in the grades. (Supt. Pub. Instr., Aug. 
28, 1913.) 

12. An attendance of less than one hour at any half-day’s session shall not 
be counted by the teacher in making his or her annual report. 

Cross-references: School day defined, sec. 246 ; teacher’s annual report, sec. 312. 

A half day’s attendance for purposes of apportionment cannot be construed as one 
hour in the morning and one hour in the afternoon) so that credit would be received 
for a full day. (Supt. Pub. Instr., Nov. 26, 1920.) 

13. Teachers are enjoined to encourage exercises in composition and decla¬ 
mation, including memorization of choice selections and quotations. In the 
preparation of programs for rhetoricals, teachers shall use every effort to secure 
selections of a high literary character. 

14. Teachers are required to be at their respective schoolrooms at least 
thirty minutes before the time of opening of school in the morning and fifteen 
minutes before the opening of school in the afternoon. 

15. Teachers are required to make due preparation daily for their duties, 
such preparation to include attendance upon teachers’ meetings and other pro¬ 
fessional work contributing to efficient school service, which may be required 
by the superintendent, principal or board of directors. 

PUPILS 

1. Every pupil shall be punctual and regular in attendance, obedient to 
all rules of the school, diligent in study, respectful and obedient to teachers 
and kind and obliging to schoolmates. 

Cross-references: Pupils to comply with l’egulations and submit to authority of 
teachers, sec. 351; compulsory attendance act, sec. 353 et scq.; directors to enforce 
rules governing pupils, sec. 582, subd. 1. 

2. Wilful disobedience, habitual truancy, vulgarity or profanity, the use 
of tobacco on or about the school premises, stealing, the carrying of deadly 
weapons, the carrying or using of dangerous playthings, shall constitute good 
cause for suspension or expulsion from school. 

Cross-references: Suspension of pupils to be reported to directors, sec. 313 ; 

expulsion, sec. 351; suspension, for injury to school property, sec. 352. 

3. As soon as dismissed, pupils shall leave the school premises and go 
directly to their homes. Loitering on the way to and from school is positively 
forbidden. 

Cross-reference: Teachers have power to hold pupils for disorderly conduct on 
their way to and from school, sec. 313. 

4. Pupils shall give attention to personal neatness and cleanliness, and 
any who repeatedly fail in this respect may be sent home to be prepared prop¬ 
erly for school. 

Upon being notified by the county superintendent that children of the district are 
infested with vermin, it is the duty of the directors to investigate the complaint, and 






State of Washington 


385 


if found true, to enforce rule 4 of the state board relating to pupils. (Atty. Gen. Ops., 
1907-8, p. 12.) 

5. Pupils shall not be detained more than forty minutes after the regular 
hour for dismissal. 

Cross-reference: Length of school day, sec. 246. 

Rule 5 applies to high school students as well as to pupils in the graded schools. 
(Supt. Pub. Instr., Aug. 28, 1913.) 

A teacher may not detain a pupil for any part of the noon intermission. (Supt. 
Pub. Instr., Feb. 26, 1917.) 

—13 





386 


Code of Public Instruction 


APPENDIX B 


REGULATIONS OF STATE DEPARTMENT OF HEALTH RELATING TO 
PUBLIC AND PRIVATE SCHOOLS 

Sec. 55 (a) It shall be the duty of every teacher in any school, public 
or private, within the state of Washington to report forthwith to the principal 
or person in charge of such school, all facts relating to the illness and physical 
condition of any child in such school who appears to be affected with a disease, 
presumably communicable. It shall be the duty of the principal or person in 
charge of every such school to report forthwith to the local health authorities 
all facts relating to the illness or physical condition of any child attending 
such school, who appears to be affected with any disease, presumably communi¬ 
cable, together with the name, age and address of such child. Such child shall 
be at once sent home or isolated. 

(b) It shall be the duty of the principal or other person in charge of any 
public, private or Sunday school to exclude therefrom any child or other person 
affected with a disease presumably communicable until such child or other per¬ 
son shall have presented a certificate issued by the health officer, or by the 
attending physician and countersigned by the health officer, stating that such 
child or other person is not liable to convey infective material. 

(c) No person with chickenpox, diphtheria, epidemic cerebro-spinal 
meningitis, epidemic or septic sore throat, German measles, measles, mumps, 
poliomyelitis (infantile paralysis), scarlet fever, smallpox, trachoma, or whoop¬ 
ing cough, shall attend or be permitted to attend any public, private, or Sunday 
school, or any public or private gathering. Such exclusion shall be for such 
time and under such conditions as may be prescribed by the local health author¬ 
ities, not inconsistent with the provisions of these regulations or the special 
rules and regulations of the state board of health. 

(d) No person suffering from any communicable disease shall be employed 
as teacher or janitor in any school in this state. 

Note: See Code Pub. Ins., sec. 419, p. 165, as to exclusion of teachers, pupils 
and janitors affected with contagious diseases. 


Yearly, every person desiring to be employed as teacher or janitor in any 
school of this state, shall, within the three months prior to the assumption of 
his or her duties for each school year, be examined by a registered doctor of 
medicine who shall, upon a form supplied by the state department of health, 
certify whether or not such teacher or janitor is affected with tuberculosis or 
any other communicable disease. Such physician’s report shall be presented to 
the jurisdictional health officer for approval; and he shall either grant, and 
sign, or refuse the health certificate. 

Each certificate thus granted shall be filed with the local superintendent of 
schools and each report of physical examination shall be forwarded by the 
health officer to the state department of health. 

(e) No person shall be employed as a teacher or janitor in any school in 
the state of Washington who has failed to file a health certificate as provided 
by these regulations. 


Note : It is mandatory upon the teachers to furnish the health certificate required 
by the state department of health and their contracts may not be approved unless 
such certificate has been furnished. (Supt. Pub. Instr., June 12, 1922.) 

School directors should demand the health certificate from the teacher, as re¬ 
quired by the rules of the state director of health, when the contract is entered into. 
Consequently the county superintendent is within his rights in withholding his approval 
of the contract if the teacher fails to submit this certificate. (Supt. Pub Instr 
Juno 23, 1922.) 


Regulation 34. (A) Exclusion from school. Children suffering from any 

disease requiring quarantine shall be excluded from all schools. 

(B) Quarantinable diseases. Diphtheria and membranous croup, scarlet 
fever, scarlatina, or scarlet rash, asiatic cholera, plague, typhus fever, yellow 
fever, anterior poliomyelitis (infantile paralysis), anthrax, chickenpox, epidemic 
cerebro-spinal meningitis, German measles, measles, smallpox, typhoid fever, 
para typhoid fever, whooping cough. 






State of Washington 


387 


(C) Exclusion from school for tuberculosis. No child, teacher or janitor 
suffering from tuberculosis shall be allowed to attend or work in any public, 
private or parochial school. 

(D) Manner of exclusion from school for tuberculosis. Any health officer 
shall upon request from the county superintendent of schools or any school 
principal inspect a school where tuberculosis in a pupil or pupils is suspected. 
If upon investigation and examination the health officer decides any pupil to be 
tuberculous, he shall exclude such a pupil from school, nor shall any such pupil 
be allowed to return to school until proof satisfactory to the health officer that 
such pupil is not suffering from tuberculosis is established. 

(E) Teachers and janitors suffering from tuberculosis. Upon request from 
the county superintendent of schools stating that he believes a teacher or jani¬ 
tor in any school in the county to be afflicted with pulmonary or laryngeal tuber¬ 
culosis, the health officer shall thereupon investigate and examine such teacher 
or janitor, and if he shall find such teacher or janitor to be tuberculous, or if 
they refuse such examination he shall then order the board of directors of such 
school district to suspend such teacher or janitor from their duties until satis¬ 
factory evidence of freedom from pulmonary or laryngeal tuberculosis is fur¬ 
nished to the health officer. 

(F) Exclusion from school for special diseases. In addition to the diseases 
elsewhere declared by these rules to be subject to quarantine, any child shall 
be excluded from any private, parochial or public school by the health officer, 
who is afflicted with the following diseases: 

Contagious conjunctivitis, impetigo contagiosa, mumps, pediculosis, ring¬ 
worm, scabies, or any suppurative disease of a foul or offensive nature: Pro- 
mded , That in the case of ringworm or scabies or pediculosis, the child may 
be allowed to continue school attendance at the discretion of the health officer 
if proper treatment is immediately instituted. 

(G) Exclusion from school for smallpox unless successfully vaccinated. 
All children in any community where smallpox actually exists shall be excluded 
from private, parochial or public schools until vaccinated, unless they can 
present certificate from a legally qualified physician attesting to a successful 
vaccination within seven years or can give proof positive of having already 
had smallpox. 

Note: See Code Pub. Ins., sec. 661, subd. 13, p. 286, as to school districts of the 
first class. 

(H) Disinfection of school buildings. Whenever any pupil, janitor or 
teacher in any private, parochial or public school is afflicted with any disease 
for which disinfection is required by tlfe rules of the State Board of Health, 
the school buildings, school room or rooms, must be declared infected and 
dangerous to the public health and such school building, room or rooms shall 
not be used again for school purposes until thorough disinfection of the same 
has been carried out under the direction of the local health officer. 

(I) Teacher must report suspected cases. Whenever any school prin¬ 
cipal or teacher in any private, parochial or public school has reason to suspect 
that any pupil is suffering from or has been exposed to any contagious or in¬ 
fectious disease required by the rules and regulations of the State Board of 
Health to be excluded from school, such principal or teacher shall send such 
child home and report the occurrence to the local health officer by the most 
direct means available, and any pupil so excluded shall not be permitted to 
attend school again until such pupil shall present a certificate from a legally 
qualified physician stating that the child is not suffering from any infectious or 
contagious disease. 

(J) School may be closed. Whenever in the judgment of the State Com¬ 
missioner of Health, or any county health officer, or health officer of a city of the 
first class or any board of health of any city, it is advisable to close the schools 
because of the prevalence of any contagious or infectious disease or diseases, 
he or they shall serve written notice upon the board of school directors or the 
responsible officials of any private, parochial, public, or Sunday School in the 
same district in which •such disease or diseases prevail, directing them to close 
all schools immediately, nor shall any such school be re-opened until ordered by 
the proper health official. 



1 


388 Code of Public Instruction 


APPENDIX C 


INSTRUCTIONS RELATIVE TO ISSUANCE OF BONDS AND PREPARA¬ 
TION OF TRANSCRIPT. 

Bonds and Transcripts. 

The purposes for which money may he borrowed and bonds issued by a 
school district are those which require an unusual and extraordinary expendi¬ 
ture of money. Bonds cannot be issued for the purpose of continuing the reg¬ 
ular expenditures for the maintenance of the schools. This class of expenditures 
must be taken care of from the current revenues of the district. 

Purposes for Which Bonds May Bo Issued. 

The following statement shows the purposes for which bonds may be issued: 

(1) For the purpose of funding outstanding indebtedness, or bonds here¬ 
tofore issued. 

(2) For the purchase of a school house site or sites, for buildings or play¬ 
grounds authorized by law. 

(3) For the purpose of erecting one or more school houses, an admin¬ 
istration building and all other buildings authorized by law. 

(4) For the purpose of providing the above buildings with all necessary 
furniture, apparatus or equipment. 

(5) For the purpose of providing suitable dwellings and accommodations 
for teachers, supervisors and necessary assistants. 

(6) For the purpose of erecting, purchasing, leasing or otherwise acquir¬ 
ing other improvements and real and personal property and establishing a com¬ 
munal assembly place and appurtenances and supplying the same with suitable 
and convenient furnishings and facilities. 

Must Be Separately Submitted. 

If the purposes for which the bonds are being issued are not naturally re¬ 
lated or connected they must be considered as separate propositions. Each prop¬ 
osition must be separately submitted to the voters at the election and voted 
upon separately. For instance, the issuance of refunding bonds, and bonds to 
secure money to purchase a site and build a school house are two separate and 
distinct propositions. 

An indebtedness in order to be refunded under this chapter must be valid, 
and proof of validity is required before refunding bonds will be accepted. 

General Procedure. 

There should be a regular or a special meeting of the board of directors at 
which all members are present or of which all members have received due notice. 

A resolution should be adopted and entered in full upon the records of the 
clerk, calling for an election and submitting to the electors of the district the 
question of the issuance of bonds. 

Notice must be given and the election conducted in the same manner as 
prescribed for conducting general school elections. 

The proceeds of a bond sale when bonds are issued for building purposes, 
must be put into a special building fund. 

School directors may refund bonds without any further vote of the electors 
of the school district. 

Limit of Indebtedness. 

The state constitution limits the indebtedness of any school district to five 
per cent of the valuation of its property, and a district may not become indebted 
in an amount exceeding one and one-half per cent of its valuation without the 
assent of three-fifths of the voters. A majority vote is necessary to authorize a 
bond issue in an amount not to exceed one and one-half per cent of the valuation. 






State of Washing ton 


389 


Transcripts Required. 

In order that there shall be no question of the validity of any proposed 
bond issue, there should be strict compliance with the statutes governing 
bond elections and procedure. A transcript is required by all bond buyers in 
order that the purchaser may be informed of the nature and character of the 
investment and of the validity of the bonds offered for sale. Every step in the 
proceedings leading up to the issuance of the bonds should be carefully ex¬ 
plained as the purchaser will not be familiar with the local conditions in the 
district voting the bonds. 

All action by the directors of a district relating to the proposed issuance 
of bonds and the sale thereof should be taken by resolution as motions are too 
indefinite. 

Before any steps looking to the issuance of bonds are taken, the object and 
purpose of the issue should be fully and carefully considered by the officers of 
the district, and a complete investigation of the financial condition of the dis¬ 
trict made. 

Transcript. 

The state finance committee furnishes a blank certificate to be signed and 
an affidavit to be subscribed and sworn to by the directors of a district selling 
bonds to the state. This certificate requires twelve exhibits, which should be 
attached to the general certificate and affidavit, which constitute the transcript. 
This general certificate and affidavit should be made out and subscribed and 
sworn to subsequent to the date or dates upon which all the exhibits required 
are made and subscribed and sworn to. The exhibits of resolutions called for 
are to be exact copies of the actual entries which have been made in the records 
of the board of directors. If they are not of record, the record should be 
perfected before the transcript is completed or certified to. 

No forms or blanks for preparing exhibits or resolutions are suppied by 
the state. 

The exhibits should be on good quality of paper, the same width and 
length as the general certificate and affidavit of the board of directors furnished 
by the state finance committee, unless printed forms are used. 

The exhibits must be properly lettered and identified by the letters as set 
forth in the general certificate furnished by the state finance committee. 

Exhibits. 

“ Exhibit- A” must be a copy of the resolution adopted by the board of di¬ 
rectors authorizing the issuance of the bonds. The resolution to be in proper 
form should set forth in detail the amount, denomination, and duration of the 
bonds, the option, if any, to redeem, and the purpose for which the bonds are 
issued. To this resolution should be attached a certificate signed by the board 
of directors, to the effect that such resolution was duly passed and adopted by 
the board of directors at a regular or special meeting of the board, setting 
forth the date of the meeting, the names of the directors present, and that the 
same appears of record upon the book of proceedings of the district. 

“Exhibit B” must be a copy of the resolution adopted by the board of 
directors providing for the calling of the election at which the question of 
whether or not bonds shall be issued is to be submitted to the voters. This 
resolution to be in proper form should set forth the purpose for which the 
bonds are to be issued, the amount, denomination, and duration of the bonds, 
together with the option, if any, to redeem, and should provide for the holding 
of the election at the proper place, and for the posting of the notices of election 
at least ten days prior to the date of the election in three conspicuous public 
places in the district. This resolution should have attached to it a certificate 
showing that such resolution was duly passed and adopted by the board of di¬ 
rectors at a regular meeting of the board, setting forth the date of the meeting, 
and names of the directors present, and a statement that the same appears of 
record upon the book of proceedings of the district. 

Note: See secs. 540, 545 and 707 as to period and publication of notice in certain 
districts. 




390 


Code of Public Instruction 


“Exhibit C ” must be a true and correct copy of the notice of election 
posted. 

Exhibit D ” must be an affidavit by the person posting the notice of elec¬ 
tion, setting forth that the notices were posted in at least three conspicuous 
public places in the district, one of which was the place at which the election 
was held, the places at which the notices were posted, the date of the posting 
of the notices, the length of time prior to the date of election that they were 
posted, that they remained posted until after the date of the election, and that 
“Exhibit C” of the transcript is a true and correct copy of the notices so 
posted. This exhibit is an affidavit and must be subscribed and sworn to be¬ 
fore some officer, such as a notary public, duly authorized to administer such 
an oath. The director of a school district has no such authority. 

“Exhibit E ” must be a copy of the report of the judges and clerk of elec¬ 
tion as submitted to the board of directors of the district, and as entered on 
the records of said board. This report consists of a copy of the poll sheet, ac¬ 
companied by an affidavit of the judges and clerk of election to the effect that 
they were duly selected to act as such judges and clerk of election by the 
voters present at the polling place at the hour named for the opening of the 
polls (or by the chairman of the board of county commissioners, the prose¬ 
cuting attorney and the county auditor, if the district comes under the pro¬ 
visions of Code Pub. Ins., sec. 531 et seq. and sec. 543 et seq.) : that they took and 
subscribed to the oaths as such judges and clerk of election, as set forth on 
the copy of the poll sheet thereto attached; that they opened the polls at the 
hour named in the notice of election and closed them at the hour named in the 
notice of election; that to the best of their knowledge and belief they permitted 
none but the duly qualified electors of the district to vote, and refused no duly 
qualified elector the right to vote; that the election was duly conducted in all 
respects as required by law; the number of ballots and the number of votes 
cast, the number of votes for and the number of votes against bonds. This 
affidavit should be subscribed and sworn to before some officer authorized to take 
such an oath. The director of a district has no such authority. Frequently 
the oaths of the judges and clerk of election are shown to have been admin¬ 
istered by the school clerk. This is not legal as the clerk has no power to ad¬ 
minister oaths. No doubt in these cases the clerk is a member of the board 
of directors, but he should administer the oath as a director, not as clerk. 

“Exhibit F” must be a copy of the certificate of election submitted to the 
county treasurer by the directors. The facts set forth in this certificate should 
correspond with those as shown in the resolutions marked “Exhibit A” and 
“Exhibit B” and the notice of election marked “Exhibit C.” The directors have 
no authority to certify that bonds in an amount different from that voted upon 
or of a different character, are to be issued. 

“Exhibit G” must be an affidavit of the county treasurer, showing how and 
in what manner the sale of bonds was advertised, and should refer to “Exhibit 
H.” The treasurer ^should be careful in preparing his notice of sale for pub¬ 
lication to call for bonds of the same character as those which the certificate 
of the directors shows were authorized by the voters. 

“Exhibit H ” must be an affidavit by the publisher giving the time of pub¬ 
lishing the notice of the sale of bonds, and must set forth a copy of the pub¬ 
lished notice. 

“Exhibit r must be a copy of the resolution awarding the bonds to the 
state, as adopted by the board of directors at their meeting with the county 
treasurer. This resolution to be in proper form should set forth a statement 
of each bid received; and that it is determined that the bid of the state is the 
best bid, and should provide for the sale of the bonds to the state in accord¬ 
ance with the bid of the state finance committee. To this exhibit should be 
attached a certificate signed by the board of directors, to the effect that such 
resolution was duly passed and adopted by the board of directors at a regular 
meeting of the board, setting forth the date of the meeting, the names of the 
directors present, and a statement that the same appears of record upon the 
book of proceedings of the district. 

“Exhibit J” must be a certificate by the county treasurer, showing the 
equalized assessed valuation of the district last preceding the day of the bond 




State of Washington 


391 


election, as shown by the records of his office. The county treasurer should 
be sure to attach his seal to his certificate. If the district issuing the bonds 
is a consolidated district the county treasurer should set forth the assessed 
valuation of each disrict forming the consolidated district as well as the as¬ 
sessed valuation of the consolidated district. If the district is included within 
a union high school district, the county treasurer should set forth the as¬ 
sessed valuation of the union high school district. If the district is a union 
high school district the county treasurer should set forth the assessed valua¬ 
tion of each district forming the union high school district. 

“Exhibit K” must be a certificate of the county superintendent of schools, 
giving in detail the time and manner of the organization of the district, setting 
forth a copy of the order of the superintendent forming the district, together 
with such other information as the records of the county superintendent show 
relative to the organization of the district. The boundaries of the district should 
be set forth, together with a plat showing the location of such boundaries. The 
names of the officers of the district and their terms of office from the date of the 
passage of the resolution marked “Exhibit A” up to the date of the making of 
the general certificate should be certified to. (This is important and must not 
be overlooked. There should be a complete account showing the names of the 
directors and their terms of office on the date of the passage of the original 
resolution (Exhibit A) and continuing thereafter up to and including date of 
the final general certificate.) The county superintendent in certifying as to the 
organization of the district should state the class of the county in which the 
district is located; whether or not the same is a consolidated district, and if so, 
the districts from which it was formed. He should also state whether the dis¬ 
trict is included within or a part of a union high school district, and if so, the 
name and number of the union high school district and the districts forming 
the same. If the district is a consolidated district the county superintendent of 
schools should certify that none of the districts forming such consolidated dis¬ 
trict were at the time of their consolidation included within any union high 
school district. 

“Exhibit L ” must be a certificate by the county treasurer showing the in¬ 
debtedness of the distrrict by items and must give every class of indebtedness 
against such district, whether special or general. He should also specify the 
class of the county in which the district is located. If the district is a consoli¬ 
dated district he should set forth the indebtedness of each district forming the 
consolidated district in addition to the indebtedness of the consolidated district. 
The indebtedness of each district should be set forth separately. If the district 
is a part of or included within a union high school district, the county treasurer 
must furnish a certificate as to the indebtedness of each district forming the 
union high school district. In this connection your attention is again called to 
the fact that where districts are consolidated they retain their corporate exist¬ 
ence for the purpose of paying off their indebtedness until the same has been 
fully paid. The indebtedness is not charged as an item of indebtedness of the 
consolidated district. If the district is attempting to include taxes for the 
current year, and cash on hand in the general fund as an asset, all indebtedness 
which has been contracted, and all liability incurred, such as salaries of teachers, 
janitors, etc., but is unearned and is payable from the money derived from cur¬ 
rent taxes, should be included as an indebtedness. 

The directors should certify as to all indebtedness contracted against the 
district in such a case, and should segregate these items. 

“Exhibit M.” When bonds are issued for the purpose of building a teacher’s 
cottage, or cottages, or for any of the purposes specified by section 637 of the 
Code of Public Instruction (Laws 1913, page 395, Section 1), Exhibit M must be 
furnished showing the approval of the plans by the board of supervisors provided 
for in said act. (Section 639. Code of Public Instruction.) 



392 


Code of Public Instruction 


APPENDIX D 


FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. 


No. 


Description of Blank 


2. Petition to County Superintendent for Formation of School District. 

3. Petition to County Superintendent for Alteration of School District. 

4. Notice of Meeting to Investigate Petition for Formation of New School District. 

5. Notice of Meeting to Investigate Petition for Alteration of School District. 

6. Certificate of Formation of School District (to County Commissioners). 

7. Certificate of Alteration of School District (to County Commissioners). 

8. Report of President of State Normal School. 

8a. Report of President of State University, or President of State College. 

11. County Treasurer’s Certificate to County Superintendent of Funds to be Appor¬ 

tioned. 

12. County Superintendent’s Certificate to County Treasurer of Funds Apportioned. 

13. County Superintendent’s Notice to School District Clerk of Funds Apportioned. 

15. County Superintendent’s Appointment of Director to Fill Vacancy. 

16. County Superintendent’s Report of Defective Youth (each blank holds 16 names). 

17. Graded School Report (2 copies for each district maintaining graded schools). 

18. High School Report (2 copies to each high school). 

19. Annual Report of School District Clerk to County Superintendent (2 copies to 

each district). 

19s. Supplement (Census of Children of School Age—Each blank holds 50 names). 

20. Petition to Form Consolidated District. 

21. School District Budget (Estimate of Expense, 1 copy to each district). 

21a. Certificate of Special Tax Levy. 

23. Notice of Annual School Election (3 copies for each district). 

25. Notice of Election to Vote Bonds (3 copies for each election held to vote bonds). 

26. Notice of Special School District Meeting (3 copies for each meeting held). 

26a. Notice of Special School District Election for Consolidating Districts. 

26b. Notice of Special School District Election. 

27. Notice of Result of Election on Consolidation. 

28. Certificate of Election and Oath of Office (1 copy for each officer elected). 

29. School District Election Poll Book (1 copy for each district). 

30. Certificate of Bond Election. 

31. Report to County Auditor of School District Officers Elected and Qualified (each 

blank will contain 15 names). 

32. Report to County Auditor of School District Director Appointed (report required 

for each officer appointed). 

33. Teacher’s Register (book). 

34. Teacher’s Contract with Directors (2 copies for each contract made). 

35. Teacher’s Annual or Term Report to County Superintendent (duplicate to clerk 

in register). 

36. Report of Evening School. 

39. County Superintendent’s Certificate that District Clerk’s Reports Have Been 

Made (quarterly). 

40. Form of Contractor’s Bond. 

45. Appointment of Member of County Boai'd of Education. 

48. School District Map. 

49. Report of Teachers’ Examination (each blank holds 25 names). 

50. Teachers’ Examination Affidavit. 

52a. Requisition Blanks (long). 

52b. Requisition Blanks (short). 

53. Certificate of Formation of Consolidated District. 

54. Notice of Clerk Claiming Attendance. 

55a. Certificate to Clerk Claiming Attendance in Public School. 

55b. Certificate of Attendance in Private School. 

56. Report of Registers and Record Books Sold. 

57. Certificate of Organization of School Board. 

58. Excuse by Superintendent from Attendance of Pupil at School. 

59. Term Record of Grades and Examination. 

60. Report of Eighth Grade Graduates. 

69. Application for Temporary Certificate Based on Non-Accredited Paper. 

70. Application for Temporary Certificate Based on Accredited Paper. 

70a. Application for a Special Certificate. 

71. Application for Teacher’s Certificate upon Examination (Law prior to Sept. 1918). 
71a. Application for Teacher’s Certificate upon Examination (Law subsequent to Sept 

1918). 

72. Application for Grades of 90 per cent or above. 

74. Application for Renewal of Certificate. 

75. Application for Certificate upon Papers. 

76. Application for a Permanent Certificate (Law prior to June 1923). 

76a. Application for a Permanent Certificate (Law subsequent to June 1923). 

78. Certificate of Attendance at Summer School (for use of principals of accredited 

summer schools). 

79. Application for Registration of Certificate. 

80. Clerk’s Record Book. 






State of Washington 


393 


82. Attendance Record Non-Resident High School Pupils. 

84. Standard Rating Card. 

85. Application for Teacher’s Temporary Vocational Certificate. 

89. Normal School Report of Attendance. 

90. Application for Teacher’s Vocational Certificate. 

94. Report of Private Institutions. 

95. Application for Credit for Outside Music Study. 

96. Forms of Enrollment and Final Recommendation of Teachers. 

97. Application for Music Certificate (Piano or Violin). 

98. Application for Music Certificate (Voice). 

Note : Blank forms may be secured from the county superintendent. 


SPECIMEN COPIES OF FORMS MOST USED. 

Form No. 2. 

Petition for Formation of a School District 

To the Superintendent of Common Schools of.County, Washington : 

We, the undersigned, being heads of families and lawful petitioners for the purpose 
herein set forth, do hereby petition you to form a School District in the County 

of., State of Washington, with the following boundaries, viz.: [Here 

describe boundaries.] Our reasons for asking for the above described district are as 
follows, viz.: [Here give reasons.] Following is a correct list of the names of 
children of school age residing within the limits of the proposed district, viz.: 


Names of Children 

Names of Children 

Names of Children 



S' 




Names of Petitioners 

Names of Petitioners 

Names of Petitioners 





! 

Dated this. 

.day of.,. 

., 192. 


Note : This petition must be signed by at least five heads of families residing in 
the proposed district. 


Form No. 3. 

Petition for Alteration of a School District 

To the Superintendent of Common Schools of.County, Washington : 

We, the undersigned, being heads of families and lawful petitioners for the purpose 
herein set forth, do hereby petition you to change the boundaries of School Districts 

Nos.and.. of.County, State of Washington, as follows, viz.: 

[Here describe change desired.] Our reasons for desiring said change of boundaries 
are as follows, viz.: [Here give reasons.] Following is a. correct list of the names 
of children of school age residing within the territory which it is desired to have 
transferred: 


Names of Children 

Names of Children 

Names of Children 







Names of Petitioners 

Names of Petitioners 

Names of Petitioners 







Dated this...day of. 192. 

Note : This petition must be signed by a majority of the heads of families resid¬ 
ing in the territory which it is desired to have transferred. 






































































394 


Code of Public Instruction 


Form No. 4. 

Notice of Meeting- to Investigate a Petition for the Formation of a School District 

Notice is hereby given that a meeting will be held at., on the.- 

day of.. 192., at the hour of.o’clock.M., for the purpose 

of investigating a petition which was filed in my office on the.day 

of., 192., praying for the formation of a School District, with the 

following boundaries, viz.: 


And all parties are hereby notified that a full and fair investigation will be made 
at the time and place above stated of all matters pertaining to the formation of the 
above described School District, and if it shall be deemed advisable, the petition will 
be granted and the School District formed as prayed for. 

Dated this.day of.-.. 192. 


(Signed).- 

County Superintendent of Schools. 

.County, Washington. 

The above notice is posted by...this.. 

day of., 192. 

Remarks : Twenty days’ notice must be given. 


Form No. 5. 

Notice of Meeting to Investigate a Petition for Alteration of 
School District Boundaries 

Notice is hereby given that a meeting will be held at. 

on the.day of., 192., at the hour of.o’clock. M., 

for the purpose of investigating a petition which was filed in my office on the. 

day of., 192., praying for changes in the boundaries of 

School Districts Nos.and., in the County of., 

State of Washington, as follows, viz.: 


And all parties are hereby notified that a full and fair investigation will be made 

at the time and place above stated, of all matters pertaining to said change of 

boundaries, and that if it shall be deemed advisable the petition will be granted and 
the changes made as above described. 

Dated this.day of..., 192. 

(Signed).:. 

Superintendent Common Schools. 

.County, Washington. 

At least one notice must be posted on the schoolhouse door of each District affected 

by the proposed change, and at least three notices must be posted in the most public 

places in the territory which it is proposed to have transferred. Notices must be 
posted at least twenty days. The County Superintendent should retain a verbatim copy 
of the foregoing notice in his office. 


Form No. 20. 

Petition for Formation of a Consolidated School District 

To the Superintendent of Common Schools of.County, Washington : 

We, the undersigned, being heads of families and lawful petitioners for the purpose 
herein set forth, do hereby petition you to call an election for the formation of a 

Consolidated School District in the County of., State of Washington, 

consisting of School Districts Nos.and.of said county. 

Our reasons for asking for the above described district are as follows, viz. : 


Names of 
Petitioners 

' No. of 
District; 

Names of 
Petitioners 

No. of 
District 

Names of 
Petitioners 

No. of 
District 













. 1 



. 



Dated this.day of. t 192 . 

Note : This petition must be signed by at least five heads of families residing in 
the proposed district. 



























































































State of W ashing ton 


395 


Form No. 21. 

SCHOOL DISTRICT BUDGET 

Certificate of Estimated Expenditures for School District 

To the Board of Commissioners,.-County, Washington: 

I, ., Clerk of School District No..of said 

county, do hereby certify that at a meeting of the Board of Directors, duly held in 

said school district, pursuant to law, on the.day of.. 192., 

it was estimated that the amount of money specified in the budget herewith submitted 
will be required for school purposes in said district during the present school year. 
You are hereby authorized to levy a sufficient tax on the property of School 

District No...to produce this amount after deducting the amount to be 

received by the said school district from state and county funds. 

Dated this.—.—.day of., 192. 

.....Clerk. 

School District No....County. 


ESTIMATE OF EXPENDITURES (BUDGET) 
General Fund 

» 

I. Expense of General Control (Overhead Charges) : 

1. Secretary’s Office. $. 

2. Elections and Census. 

3. Superintendent’s Office. 

4. Truancy . 

5. Other Expenses. 

11. Expense of Instruction : 

1. Salaries of Teachers. $. 

2. Text Books. 

3. Supplies . 

4. Other Expenses. 

III. Expense of Operation of School Plant: 

1. Wages of Janitors and Other Employees.... $. 

2. Fuel . 

3. W'ater . 

4. Light and Power... 

5. Janitor’s Supplies...... 

6. Other Expenses. 

S 

IV. Expense of Maintenance of School Plant: 

1. Repair of Buildings and Upkeep of Grounds. . $. 

2. Repair and Replacement of Equipment. 

3. Insurance . 

4. Other Expenses. 

V. Expenses of Auxiliary Agencies : 

1. Libraries .. I—. 

2. Promotion of Health. 

3. Ti'ansportation of Pupils. 

VI. Miscellaneous Expenses : 

1. Rent . $. 

2. Other Expenses. 

VII. Outlays (Capital Acquisition and Construction) : 

1. Land. $. 

2. New Buildings. 

3. Addition to Old Buildings... . 

4. Equipment of New Buildings and Grounds. 

5. Equipment of Old Buildings and Grounds... -. 





Remarks. 




















































































396 


Code of Public Instruction 




INFORMATION TO RE FURNISHED THE DIRECTORS DY THE COUNTY 
OFFICERS BEFORE THE BUDGET IS MADE OUT 

Valuation $.. 


General Fund : 

Estimated Receipts— 

From State Apportionment. $. 

From County Apportionment... 

From Miscellaneous. $■ 

% 

Balances—■ 

Cash on hand end of year. $. 

Unpaid Taxes end of year. $ 

♦Liabilities (General Fund) — 

Warrants outstanding end of year. $. 

Warrant interest (estimated). $ 


TO BE FILLED IN BY THE COUNTY OFFICERS AT THE TIME OF MAKING 

THE TAX LEVY 

General Fund : 

Estimated Budget. $--«. 

Estimated Receipts. $. 

Amount to be raised by taxes. $. 

Valuation $.- Levy. Mills, Tax. $. 

Bond Redemption Fund : 

Bonds to be paid. $. 

Bond interest to be paid. $. 

Tot 3.1 $ 

Valuation $. Levy.. Mills, Tax. $.. 

* It is the intent of the law that a school district shall live within its income. 
Warrant indebtedness in excess of the actual income of the district should not be 
contracted without a vote of the district. Outstanding warrants should always be 
balanced against the cash on hand and the unpaid taxes and if in excess of these two 
items provision should be made in the budget for paying the same or the indebtedness 
should be validated and bonds issued for the payment. (See pp. 99-102 School Directors 
Handbook.) 

The County Auditor is authorized to stop payment on warrants when the school 
district has spent the amount of its income. 


Form No. 21 A. 


CERTIFICATE OF SPECIAL TAX LEVY 

(When authorized by special election) 

State of Washington, County of. f ss. 

To the Auditor of.County, Washington : 

I, .-., Clerk of School District No. 

of said County, do hereby certify that at a Special Election, duly called and held in 

said School District on the.day of. t 192 ... 

it was voted by the legal voters of said School District that a special tax of 

.mills on the dollar be levied on all the taxable property of said School 

District, as shown by the assessment roll for the year 192_, for the following- 

purposes, viz. : 


Witness my hand this.day of. 

Clerk and Director of School District No.ZZ.'.. 

.County, Washington. 

Remark : This certificate should be filed with the Auditor on or before the first 
day of September. 


























































397 


State of Washington 


Form No. 23. 

(To be used only for elections held under sec. 521.) 

NOTICE OF ANNUAL SCHOOL ELECTION 

Notice is hereby given that the Annual Election of School District No. 

°*-.—...County, State of Washington, will be held at. 

in said School District, on.. the.dav of Alarch 192 

for the purpose of electing one school district director for a term of three years. " 


and for the transaction of such other business as may lawfully come""before""the 
meeting. 

The polls will be open from.o’clock.M. to..o’clock.M 

By order of the board of directors. 

Dated this........day of..., 192. 


•—.-.-., School District Clerk, 

Kemarks : Three of these notices must be posted at least ten days prior to the 
day of election, one of which must be at the place of holding the election. 

All elections should be held at the schoolhouse, if there be one, on the first 
Saturday in March ; if there be none, or more than one, then at some place designated 
by the Directors. 

If vacancies are to be filled in the office of Director, the Clerk will state the facts 
in the blank space left for that purpose. No School District Clerk will be elected by 
the people, the Directors being required to elect one. Directors elected will take office 
the fourth Monday after their election, and Clerks will take office as soon as they 
are elected by the school board. The board should be organized, and the Clerk 
elected on the fourth Monday after the school election, at two o’clock p. m. In dis¬ 
tricts of the third class the Clerk must be a member of the board. In districts of the 
second class he may or may not be a member of the board. 


Form No. 25. 

NOTICE OF SCHOOL DISTRICT BOND ELECTION 

(For second and third class districts in other than class A and first class counties.) 
Notice is hereby given that a special election will be held at... 

in School District No., of.County, State of Washington, 

on the..day of., 192., for the purpose of 

determining whether or not the directors.of said school district shall borrow money 
and issue serial negotiable bonds of the district in the sum of.dollars, 

for the purpose of....... 


Said bonds, if issued, shall bear a rate of interest not to exceed...per centum 

per annum, payable.annually ; shall mature and become payable serially, 

in their numerical order, lowest numbers first, beginning the second year after the 
date of issue, and in such amounts (as near as practicable) as will, together with 
interest on the outstanding bonds, be met by equal annual tax levies for the payment 
of said bonds and interest. 

The said bonds shall run for a period of...years, said period of 

time being (as near as practicable) equivalent to the life of the improvements to be 
acquired by the use of said bonds; * Provided, That said school district reserves the 

right to pay or redeem said bonds, or any of them, at any time after.years 

from the date thereof. 

The election will be by ballot. Those in favor of the issuing of bonds as above 
specified will vote “Bonds, Yes” ; those opposed, “Bonds, No.” 

The polls will be open from.o’clock.M. to._.o’clock, P. M. 

By order of the Board of Directors. 

Dated this.day of.. 192.. 

(Signed)._.School District Clerk. 

Remarks : All elections must be held at the schoolhouse, if there be one, or if 
none or more than one, then at a place designated by the board of directors. At least 
three notices must be posted at least ten days, one of which must be at the place of 
holding the election. 

* If the directors do not desire the option of paying the bonds, or any part of 
them, before the maximum limit stated in the notice, this clause should be canceled. 













































398 


Code of Public Instruction 


The attorney general has prepared these new forms of notice of sale of bonds and 
ballot title to be used in all cases where the new form of notice of election is given. 
This department does not supply these forms but they are given herewith for your 
information : 


BALLOT TITLE 

Form of question to be submitted in school bond election notices, under chapter 151, 
Laws of 1923, in class “A” and first class counties: 

Shall School District No.issue $.bonds for (here state 

purposes), payable, beginning the second year, in *.equal annual install¬ 

ments to include principal and interest on the outstanding bonds? 

* Twenty-nine is the maximum. 

NOTICE OF SALE OF SCHOOL BONDS 

Notice is hereby given that sealed bids will be received by the undersigned at the 

county treasurer’s office, .County, Washington. 

up to.o’clock.M., .192., for the purchase of 

...dollars of serial bonds of.-.School District 

No.of...County, Washington, as authorized by 

.of the State of Washington. 

Bonds to be dated.and to be in denominations of.dollars 

each, to mature and become payable in their numerical order, lowest, number first, on 

the annual interest dates ; interest not to exceed.per cent per annum, 

payable... 

Bonds to run for a period of.years. The various annual maturities 

of said bonds will commence with the second year after the date of issue of the bonds 
and will (as nearly as practicable) be in such amounts as will, together with interest 
on the outstanding bonds, be met by an equal annual tax levy for the payment of 
said bonds and interest. 

Bidders are required to submit a bid specifying : 

(a) The lowest rate of interest and premium, if any, above par, at which such 
bidder will purchase said bonds ; or 

(b) The lowest rate of interest at which the bidder will purchase said bonds 
at par. 

The bonds will be sold to the bidder making the best bid subject to the right of 
the school district to reject any and all bids. 

Bonds and interest are to be payable at the office of the county treasurer of 

.County. Washington, or at the Fiscal Agency of the State of 

Washington, in the city of New York, State of New Y'ork, or at the office of the state 
treasurer, Olympia, Washington. 

All bids, except the bid of the State of Washington, must be accompanied by a 
deposit of five per cent, either cash or certified check, of the amount of the bid, which 
shall be returned if the bid is not accepted ; and if the successful bidder shall fail or 
neglect to complete the purchase of said bonds, within thirty days following the 
acceptance of the bid, the amount of the deposit will be forfeited. 

Bids will be opened at the office of the county treasurer, .... 

Washington, by the board of directors of said..School District 

No. and by the county treasurer, at.o’clock.M., 

.*., 192. 


County Treasurer of.County, Washington. 

Note : To be published once a week for four consecutive weeks in a newspaper of 
general circulation in the county where the school district is located. 

fPrinted copies of this blank are not furnished.] 


Form No. 26. 

NOTICE OF SPECIAL SCHOOL DISTRICT MEETING 

Notice is hereby given that a special meeting of the legal school electors of School 

District No., of.County, Washington, will be 

held at.in said district on the.day of 

.192., beginning at the hour of.o’clock.M. 

of said day, for the purpose of determining*.. 

By order of the Board of Directors. 

Dated this.day of., 192. 

(Signed)., School District Clerk. 

Remarks : At least three notices should be posted at least ten days. 

* See Secs. 528-530, School Code. 















































State of Washington 


399 


Form No. 26A. 

NOTICE OP SPECIAL SCHOOL DISTRICT ELECTION FOR 
CONSOLIDATING DISTRICTS 

Notice is hereby given that a special meeting of the legal school electors of School 

District No.. of.County, Washington, will be 

at.in said district on the.day of 

.192., beginning at the hour of.o’clock.M. 

and closing at the hour of..M. of said day, for the purpose of determining 

whether or not districts numbered.shall be consolidated. 


Dated this.day of., 192. 

(Signed). 

County Superintendent of Common Schools. 
Remarks: At least three notices must be posted at least ten days. 


Form No. 26B. 

NOTICE OF SPECIAL SCHOOL DISTRICT ELECTION 

Notice is hereby given that a special election of the legal school electors of..... 

.-.School District No.of...County, Washington, 

will be held at.in said district on the.day of 

.—., 192. for the purpose of... 


Polls will be open from...o’clock.to.o’clock. 

By order of the Board of Directors. 

Dated this.day of.... 192. 

(Signed).School District Clerk. 

Remarks : At least three notices should be posted at least ten days. One notice 
must be posted at the place of holding the election. 

Unless otherwise designated in the notice of the election, the polls shall be open 
at one o’clock in the afternoon and close at eight o’clock in the afternoon, but the 
Board of Directors may. in districts of the second or third class, previous to giving 
notice of election, determine on an hour before eight o’clock for closing, but they must 
not be closed earlier than four o’clock in the afternoon. Secs. 522-523, School Code. 


Form No. 28. 

CERTIFICATE OF ELECTION AND OATH OF OFFICE 

To the Superintendent of Schools, .County, Washington : 

I Hereby Certify that at the annual election of School District No..., 

.County, State of Washington, held on the. 

day of.. 192., M.was duly 

elected to the office of director of said district for a term of.years, 

beginning on. 

I further certify that h. postoffice address is..., 

State of Washington. 

(Signed)—.. 

Clerk of Annual School Election. 

OATH OF OFFICE 

State of Washington, County of.. ss. 

I.. do hereby solemnly swear (or affirm) 

that I will support the Constitution of the United States and the Constitution of the 
State of Washington ; that I will endeavor to promote the interests of education, and 

will faithfully discharge the duties of director of School District No.-.. in the 

County of.in said state. So help me God. 

(Signed).?. 

Subscribed and sworn to before me this.day of., 192. 


(Here state official character of officer who administers oath.) 

Remarks : This notice should be given to the person elected, who must qualify 
within ten days, and send the oath and certificate above to the County Superintendent. 
He must also file with the County Auditor his signature, certified to by some school 
officer. The auditor cannot register any warrants signed by any school officers whose 
signatures, so certified, are not filed in his office. The County Superintendent should 
not recognize any one as director or clerk whose oath is not on file in his office. 

































































400 


Code of Public Instruction 


Form No. 30. 

CERTIFICATE OF ROND ELECTION 

To the Treasurer of.County, Washington : 

We, the undersigned directors of School District No....of..........County, 

Washington, do hereby certify that at an election held in said school district on the 
.day of.., 192., it was voted that bonds of said 

school district shall be issued by the directors thereof in the sum of.Dollars, 

payable, beginning the second year after the date of issuance thereof, in such amounts 
as will (as near as practicable) be met by equal annual tax levies for the payment of 

said bonds and interest. Said bonds to run over a period of.years, with 

interest not to exceed.per cent per annum payable.annually. 

Witness our hands this.day of. 


Attest : 


Director and Clerk. 


Directors. 


CERTIFICATE OF BOND ELECTION OFFICERS 


We, .. .-.. 

and.. as judges and clerk respectively of the 

bond election held in School District No.., ... 

County, State of Washington, on the...day of.., 192. 

do hereby certify, that we were duly selected by the voters present at the polling place 
of said election at the hour of the opening of the polls ; that we took and subscribed 
to the oath as such judges and clerk of said election, as provided by law; that the 

polls of said election were opened at 1 o’clock, p. m., and closed at__ o’clock, 

p. m. (The hour named in the notices of election, for the closing of the polls should 
be inserted here. This should not be earlier than 4 o’clock, p. m., nor later than 8 
o’clock, p. m.) ; that to the best of our knowledge we permitted none but the duly 
qualified electors of said district to vote at said election, and refused none of the 
duly qualified electors the right to vote ; and that the election was conducted in all 
respects as required by law. 


Judges. 

Clerk. 

Dated this.day of., 192. 


Form No. 34. 

NOTICE OF TEACHER’S CONTRACT 

To ... County Superintendent of Schools : 

The following contract has been made in accordance with the action of the Board 

of Directors, as found in the minutes of the meeting of the..day of 

... 192. 


Clerk District No. 

Teacher’s position (if a graded school).. 

(This item is for the information of the county superintendent and is not a pro¬ 
vision of the contract.) 

TEACHER’S CONTRACT 

It is hereby agreed, by and between the Directors of School District No., 

County of.. State of Washington, and... 


the holder of a teacher’s certificate now in force in said county, that said teacher is to 
teach and conduct the public schools of said district and maintain therein strict order 
a ? d + v, dlS oi P l me o at supervise the school grounds, follow rules and regulations 

of the State Board of Education, follow the course of study lawfully adopted keep a 
register of the daily attendance of each pupil attending said school, make all reports 
required by law or by lawful authority, and endeavor to preserve in good condition the 
schoolhouse, grounds, furniture, apparatus, and such other property of the District as 
may come under the immediate supervision of said teacher, for a term of 


school months, commencing on the.day of. 

for the sum of. 

to be paid at the end of each school month, out of the funds 


.192., 

.dollars per month, 

of said School District, 
























































State of Washington 


401 


upon a warrant drawn by the Directors of said School District and payable by the 
County Treasurer: Provided, That the Board, after giving the teacher notice and an 

opportunity to be heard in h. own behalf, may for sufficient cause terminate this 

contract: Provided, further. That if said teacher shall be legally dismissed from school 

or shall have h. certificate lawfully annulled, by expiration or otherwise, then 

said teacher shall not be entitled to compensation from and after such dismissal and 
annulment: Provided, further. That the wages of said teacher for the last month of 
the school term shall not be paid unless said teacher shall have made all reports 
hereinbefore mentioned, and shall have kept the register in a proper manner as directed 
therein. 

And the Directors of said School District hereby agree to keep the schoolhouse in 
good repair, to provide a school register, fuel and other necessary supplies for the 
comfort of the school. 

In Witness Whereof, We have hereunto subscribed our names this. 

day of. 192. 

. f Directors of 

.School District 

. L No.. 

., Teacher. 

P. O. Address. 

Attest: ., Clerk. 

Approved and registered..., 192. 


.., County Superintendent. 

Note: The law positively requires the making of these contracts. The contract 
should be made in duplicate and mailed by the Clerk to the County Superintendent of 
Common Schools, who will register it and return one copy to the Clerk and the other 
to the teacher. Directors can make no contract, lawfully, which extends beyond the 
time when the teacher’s certificate expires ; and the law requires that all teacners shall 
be employed at school board vieetings. 


Form No. 40. 

FORM OF CONTRACTOR’S BOND 

BOND 

Know All Men by These Presents: 

That.(hereinafter called the Principal), and 

.(hereinafter called the Surety), are held 

and firmly bound unto the State of Washington in the penal sum of.dollars 

<$.) in lawful money of the United States, for the payment of which sum 

well and truly to be made the said Principal and the said Surety bind themselves, their 
heirs, executors, administrators, successors and assigns, jointly and severally, firmly 
by these presents. 

Signed and dated this.day of.. A. D. 192. 

The condition of the above obligation is such that. 

Whereas, Said Principal has entered into a written contract with School District 

No....County, State of Washington, dated the 

.day of., A. D. 192., for. 

according to the terms and conditions of said contract, a copy of which is hereto 
attached and made a part hereof. 

Now , Therefore, If the said Principal shall faithfully perform all of the provisions 
of said contract in the manner and within the time therein set forth, and shall pay all 
laborers, mechanics, sub-contractors and materialmen, and all persons who shall supply 
said principal or sub-contractors with provisions and supplies for carrying on of said 
work, all just debts, dues and demands incurred in the performance of said work ; and 

shall hold said School District No.. ..County, 

State of Washington, harmless from any loss or damage occasioned to any person' or 
property by reason of any carelessness or negligence on the part of said principal, or 
of any sub-contractor, in the performance of said work, then and in that event this 
obligation shall be void ; but otherwise it shall be and remain in full force and effect. 

In Testimony Whereof, The said Principal and the said Surety have hereunto 
caused this instrument of writing to be signed and sealed by their duly authorized 
officers. 


Principal. 


Witnesses : 


Surety. 


Note: Sec. 1159, Rom. Comp. Stat., prescribes that public officers, including boards 
of directors, shall require this bond of all contractors. Directors are liable personally 
for loss due to failure to take contractor’s bond. 










































402 


Code of Public Instruction 


Form No. 54. 

NOTICE OF DISTRICT CLERK CLAIMING ATTENDANCE 

To the Clerk of School District No., ...County : 

You are hereby notified that the public school of this district opened on the 

.day of.., 192., that it will close on the... 

day of., 192. and that all branches will be taught up to and 

including those of the.grade; that this district claims the attendance of 

its resident pupils who attend your school during the time this school is in session. 

On or before June 30th, 192., you will please certify to the clerk of this district the 

number of days’ attendance of the following named pupils who have attended your 
school during the time this school has been in session : 


(Signed)...- 

Clerk of School District No. 

Dated this.day of., 192. 

Note: A copy of this notice must be sent to the County Superintendent at the 
time it is served on the School Clerk. 


Form No. 55A. 

CERTIFICATE OF ATTENDANCE 

To the Clerk of School District No.County, Washington : 

You are hereby notified that the following named students have attended school in 

District No.. between the.day of., 192., and 

the.day of.—, 192.; that they are entitled to 

attendance in your school during such time, and that the attendance of each pupil 
during such time was as follows : 


Name of Pupil 

Number of 
Days 

Name of Pupil 

Number of 
Days 














(Signed)... 

Clerk School District No., ...County. 


Form No. 57. 

CERTIFICATE OF ELECTION OF CLERK AND CHAIRMAN 

To the Superintendent of Schools.County, Washington : 

You are hereby notified that at a meeting of the Board of Directors of School 

District No.of said county, held on the...day of.. 192 ., 

M. whose P. O. Address is. 

was duly elected Chairman of the board, for a period of one year, and that 

M........., whose P. O. Address is. 

was duly elected Clerk of the board for a period of one year from and after March 
.., 192. 

(Signed)....•. 

Clerk School District No. 

Note: The new Board must meet and organize by the election of a Chairman and 
Clerk, on the fourth Monday next succeeding the annual school election. 

Forward this report to County Superintendent immediately. 













































































State of Washington 


403 


Form No. 58. 

* EXCUSE OF CHILD FROM ATTENDANCE AT SCHOOL 

To Whom It May Concern : 

All parties are hereby notified that..whose 


age is.years, and whose residence is. 

of.County, State of Washington, is hereby excused from attendance 


at school for a period of.months from and after this date, for the following 

reasons, viz.:... 


and that any person or corporation is at liberty to employ the above named child 
during the period for which he is excused from attendance at school, as above indicated. 

Dated at., Washington, this.day of., 192. 

(Signed).- 


Superintendent of 



















404 


Code of Public Instruction 


TABLE OF CROSS-REFERENCES. 


From volumes of the session laws to sections of this code. 


SESSION LAWS 

OF 1866 

25 

2 

517 

25 

3 

519 

25 

4 

518 

25 

5 

520 

28 

2 

580 

42 

1 

550 

43 

2 

551 

43 

3 

552 

43 

4 

553 

43 

5 

554 

43 

6 

555 

44 

7 

556 

45 

12 

557 

45 

13 

558 

45 

15 

559 

45 

16 

560 

46 

18 

561 

46 

19 

562 


SESSION LAWS OF 1869 


154 

601 


595 

154 

602 


596 

154 

603 


597 

154 

604 


598 

155 

605 


599 

SESSION 

LAWS 

OF 

1886 

61 

8 


590 

SESSION 

LAWS 

OF 

1890 

272 

2 


171 

274 

10 


179 

275 

13 


180 

275 

15 


183 

276 

16 


184 

276 

17 


185 

276 

18 


186 

276 

19 


187 

276 

21 


188 

396 

6 


57 

397 

8 


63 

SESSION LAWS 

OF 

1891 

196 

3 


174 

196 

4 


175 

196 

5 


176 

197 

6 


177 

SESSION 

LAWS 

OF 

1893 

76 

1 


859 

122 

6 


600 

321 

49 


604 

SESSION 

LAWS 

OF 

1895 

108 

2 


82 

108 

3 


83 

134 

1 


64 

134 

2 , 


65 

SESSION 

LAWS 

OF 

1897 

16 

1 


25 

17 

2 


26 

359 

8 


607 

367 

26 


13 

426 

178 


25 

426 

179 


26 


SESSION 

LAWS 

OF 

1899 

40 

1 


88 

40 

2 


89 

40 

3 


90 

41 

4 


91 

67 

1 


754 

68 

3 


756 

68 

4 


757 

69 

5 


758 

69 

6 


759 

129 

4 


857 

129 

5 


858 

132 

1 


125 

175 

1 


136 

SESSION 

LAWS 

OF 

1901 

170 

1 


117 

172 

4 


118 

236 

1 


862 

388 

1 


755 

SESSION 

LAWS 

OF 

1903 

107 

1 


369 

108 

2 


370 

108 

3 


371 

108 

4 


372 

108 

5 


373 

109 

1 


670 

109 

2 


671 

110 

3 


672 

110 

4 


673 

110 

6 


675 

111 

7 


676 

111 

8 


677 

111 

9 


678 

112 

10 


679 

112 

11 


680 

329 

15 


27 

SESSION 

LAWS 

OF 

1905 

39 

1 


172 

40 

2 


173 

40 

3 


178 

73 

1 


111 

73 

2 


112 

73 

3 


158 

73 

4 


159 

133 

1 


218 

133 

2 


219 

288 

9 


603 

SESSION 

LAWS 

OF 

1907 

16 

1 


750 

17 

2 


751 

17 

3 


752 

17 

4 


753 

171 

1 


170 

180 

1 


155 

181 

2 


156 

238 

1 


377 

23 8 

2 


378 

394 

1 


70 

394 

2 


71 

423 

1 


123 

424 

2 


124 

SESSION 

LAWS 

OF 

1909 

53 

1 


53 

137 

2 


841 

137 

3 


833 

138 

5 


842 


SESSION LAWS OF 1909 


140 

8 

834 

143 

12 

836 

143 

13 

837 

230 

1 

1 

230 

2 

2 

231 

1 

4 

231 

2 

5 

231 

3 

6 

234 

4 

7 

234 

1 

12 

235 

2 

14 

235 

3 

15 

235 

4 

16 

236 

5 

17 

238 

6 

18 

238 

7 

19 

238 

1 

54 

238 

2 

86 

239 

3 

55 

240 

4 

56 

240 

5 

60 

241 

6 

58 

242 

7 

66 

242 

8 

59 

242 

9 

61 

242 

10 

62 

243 

11 

84 

243 

1 

95 

244 

2 

98 

244 

3 

129 

244 

4 

131 

245 

5 

96 

246 

6 

99 

247 

7 

100 

247 

8 

101 

247 

9 

106 

247 

10 

121 

248 

11 

122 

248 

12 

102 

248 

13 

103 

249 

14 

104 

249 

15 

108 

249 

16 

107 

249 

17 

105 

249 

18 

97 

249 

19 

132 

250 

20 

109 

250 

21 

110 

251 

22 

130 

251 

1 

142 

251 

2 

143 

252 

3 

146 

252 

4 

147 

252 

5 

148 

253 

7 

153 

254 

11 

163 

255 

12 

161 

255 

13 

152 

256 

14 

145 

256 

15 

149 

256 

16 

150 

256 

1 

189 

256 

2 

190 

257 

3 

191 

257 

4 

192 

257 

5 

181 

257 

6 

182 

257 

7 

193 

258 

1 

208 

25 8 

2 

211 

258 

3 

210 

258 

4 

212 

258 

5 

209 

258 

6 

213 






State of Washington 


405 


SESSION 

LAWS 

OF 1909 

SESSION 

259 

7 

214 

287 

259 

8 

215 

28/ 

259 

9 

216 

288 

259 

10 

217 

288 

260 

1 

221 

288 

260 

2 

225 

289 

260 

3 

224 

289 

260 

4 

231 

289 

260 

5 

232 

290 

261 

6 

233 

290 

261 

7 

236 

290 

261 

8 

240 

290 

261 

1 

243 

291 

262 

2 

247 

291 

262 

3 

246 

291 

262 

4 

245 

291 

262 

5 

419 

292 

263 

6 

351 

292 

263 

7 

244 

292 

263 

8 

3 

292 

263 

9 

418 

293 

264 

1 

462 

295 

264 

2 

645 

296 

264 

3 

720 

296 

264 

4 

733 

297 

264 

5 

481 

297 

264 

6 

501 

298 

264 

7 

490 

298 

264 

1 

428 

298 

265 

2 

464 

298 

265 

4 

606 

299 

266 

1 

467 

299 

266 

2 

468 

299 

266 

3 

469 

300 

267 

4 

471 

300 

267 

5 

472 

300 

268 

6 

473 

300 

268 

2 

475 

301 

269 

3 

476 

301 

269 

1 

477 

301 

269 

2 

478 

301 

270 

3 

479 

302 

270 

4 

480 

302 

271 

2 

484 

302 

271 

3 

487 

302 

271 

4 

486 

302 

272 

7 

489 

302 

273 

1 

502 

303 

273 

2 

503 

303 

273 

3 

504 

304 

274 

4 

505 

304 

274 

5 

506 

304 

274 

6 

507 

306 

274 

7 

508 

307 

274 

8 

509 

307 

275 

9 

510 

307 

275 

10 

511 

307 

275 

11 

512 

308 

276 

12 

513 

308 

276 

1 

491 

308 

276 

2 

492 

308 

277 

3 

493 

308 

277 

4 

494 

308 

277 

5 

495 

308 

278 

6 

496 

309 

278 

7 

497 

309 

278 

8 

498 

311 

279 

9 

499 

311 

279 

2 

466 

311 

280 

3 

465 

312 

280 

1 

429 

312 

280 

2 

432 

312 

280 

3 

433 

312 

281 

4 

440 

313 

284 

5 

441 

313 

284 

6 

434 

313 

284 

7 

435 

313 

285 

8 

438 

314 

285 

1 

515 

314 

287 

4 

591 

315 


OF 1909 SESSION LAWS OF 1909 


583 

315 

3 

447 

605 

315 

4 

446 

780 

316 

7 

450 

585 

316 

8 

451 

579 

316 

9 

452 

581 

316 

1 

402 

608 

316 

2 

403 

646 

317 

3 

404 

647 

318 

4 

405 

648 

318 

5 

406 

649 

319 

6 

407 

650 

319 

7 

408 

651 

319 

8 

409 

653 

320 

1 (a) 

453 

654 

320 

2 

454 

655 

320 

3 

455 

656 

320 

4 

456 

657 

320 

5 

457 

658 

320 

6 

458 

659 

320 

1 (b) 

748 

660 

321 

2 

749 

662 

322 

4 

761 

663 

322 

5 

776 

664 

323 

6 

777 

665 

323 

7 

778 

721 

323 

8 

779 

722 

324 

2 

799 

723 

327 

5 

802 

724 

327 

6 

803 

725 

328 

8 

805 

726 

329 

10 

807 

727 

329 

11 

. 808 

728 

329 

12 

809 

730 

330 

13 

810 

731 

330 

14 

811 

732 

331 

1 

789 

734 

331 

2 

790 

735 

332 

3 

791 

736 

332 

4 

792 

737 

333 

5 

793 

738 

334 

6 

794 

739 

334 

7 

795 

740 

335 

8 

796 

741 

336 

1 

306 

742 

336 

2 

290 

743 

336 

3 

293 

744 

337 

4 

292 

745 

338 

10 

291 

746 

338 

11 

294 

747 

345 

1 

302 

586 

345 

1 

307 

587 

346 

2 

308 

289 

346 

3 

309 

312 

346 

2 

522 

317 

347 

3 

523 

319 

347 

4 

524 

310 

348 

5 

525 

321 

348 

6 

526 

313 

349 

7 

527 

315 

349 

1 

528 

846 

350 

2 

529 

847 

350 

3 

530 

848 

357 

1 

421 

849 

357 

9 

439 

850 

357 

3 

422 

851 

358 

4 

248 

459 

358 

5 

249 

460 

359 

6 

423 

461 

359 

7 

424 

764 

360 

8 

316 

765 

360 

9 

314 

766 

360 

10 

449 

767 

360 

11 

320 

769 

361 

12 

426 

770 

361 

13 

318 

771 

361 

14 

352 

772 

361 

15 

425 

773 

362 

16 

470 

775 

362 

17 

716 

445 

362 

1 

410 


LAWS 

6 

7 

9 

10 

11 

12 

13 

1 

2 

3 

4 

5 

6 

8 

9 

10 

11 

12 

13 

14 

15 

17 

18 

19 

20 

1 

2 

3 

4 

5 

6 

7 

8 

10 

11 

12 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

1 

2 

1 

2 

3 

4 

5 

6 

7 

8 

1 

2 

3 

4 

5 

6 

1 

2 

3 

2 

3 

4 

5 

7 

8 

9 

10 

11 

13 

2 




406 


Code of Public Instruction 


SESSION LAWS OF 1909 


363 

3 

412 

363 

4 

413 

363 

5 

414 

364 

6 

415 

364 

7 

416 

364 

8 

417 

364 

1 

353 

365 

2 

354 

365 

3 

355 

365 

4 

356 

366 

5 

357 

367 

6 

358 

367 

7 

359 

367 

8 

360 

367 

9 

361 

368 

10 

362 

368 

11 

363 

368 

12 

364 

369 

2 

366 

369 

3 

367 

369 

4 

368 

370 

1 

263 

370 

2 

264 

371 

3 (a) 

265 

371 

2 

634 

371 

4 

636 

372 

1 

609 

372 

2 

610 

373 

3 

611 

373 

4 

612 

373 

5 

613 

373 

6 

614 

374 

7 

615 

374 

8 

616 

374 

9 

617 

374 

10 

618 

374 

11 

619 

375 

12 

620 

375 

13 

621 

375 

14 

622 

375 

15 

623 

376 

1 (a) 

51 

376 

2 (a) 

52 

376 

1 

860 

376 

2 (b) 

861 

386 

1 

29 

386 

2 

30 

3 86 

3 

31 

386 

4 

32 

396 

2 

642 

396 

3 

643 

717 

2 

626 

815 

1 

126 

947 

194 

375 

948 

195 

376 

974 

273 

28 

SESSION 

LAWS OF 

1909 

Extraordinary Session 

36 

1 

128 

52 

1 

444 

56 

1 

835 

SESSION 

LAWS OF 

1911 

43 

44 

601 

43 

45 

602 

50 

1 

295 

51 

2 

296 

108 

1 

843 

108 

1 

838 

108 

1 

839 

340 

1 

34 

340 

2 

35 

340 

3 

36 

341 

5 

37 

375 

1 

589 

377 

1 

852 

377 

1 

853 


SESSION LAWS OF 1911 


377 

1 

854 

377 

1 

855 

378 

1 

666 

378 

2 

667 

378 

3 

668 

382 

1 

633 

386 

1 

856 

390 

1 

801 

392 

3 

806 

393 

4 

812 

501 

1 

713 

501 

2 

715 

502 

4 

717 

SESSION 

LAWS OF 

1913 

6 

1 

207 

177 

1 

548 

178 

2 

549 

312 

1 

11 

395 

1 

637 

396 

2 

638 

396 

3 

639 

396 

4 

640 

416 

1 

797 

454 

1 

563 

454 

2 

564 

455 

3 

565 

455 

4 

566 

456 

5 

567 

457 

6 

568 

457 

7 

569 

458 

8 

570 

459 

9 

571 

460 

10 

572 

460 

11 

573 

461 

12 

574 

461 

13 

575 

461 

14 

576 

462 

15 

577 

462 

16 

578 

513 

1 

194 

513 

2 

195 

514 

3 

196 

514 

4 

197 

515 

5 

198 

515 

6 

199 

515 

7 

200 

516 

8 

201 

516 

9 

202 

516 

10 

203 

517 

11 

204 

517 

12 

205 

517 

13 

206 

518 

1 

768 

520 

1 

379 

523 

4 

382 

524 

5 

383 

524 

6 

384 

525 

7 

385 

525 

8 

386 

527 

9 

387 

527 

10 

388 

529 

11 

389 

529 

12 

390 

530 

13 

391 

530 

14 

392 

530 

15 

393 

531 

16 

394 

531 

17 

395 

531 

18 

396 

59 8 

2 

222 

598 

3 

228 

598 

4 

229 

599 

5 

230 

599 

6 

234 

599 

7 

235 

599 

8 

238 

600 

9 

223 

600 

10 

237 


SESSION LAWS OF 1913 


600 

11 

226 

600 

12 

227 

601 

13 

241 

601 

14 

242 

601 

15 

239 

643 

1 

500 


SESSION LAWS OF 1915 


27 

1 

641 

28 

2 

644 

61 

1 

624 

62 

2 

627 

171 

1 

474 

239 

1 

72 

241 

7 

73 

241 

8 

81 

248 

1 

845 

270 

1 

819 

270 

2 

820 

270 

3 

821 

337 

1 

728 

338 

1 

521 

349 

1 

127 

357 

1 

592 

357 

2 

593 

481 

1 (a) 

17 

482 

1 

303 

482 

2 

304 

525 

1 

625 

646 

1 

482 

647 

2 

483 

647 

3 

485 

SESSION 

LAWS OF 

1917 

34 

1 

41 

34 

2 

43 

34 

3 

44 

34 

4 

48 

35 

5 

45 

35 

6 

46 

35 

7 

42 

35 

8 

47 

35 

9 

50 

35 

10 

49 

35 

11 

162 

38 

1 

119 

38 

2 

120 

65 

1 

250 

66 

2 

251 

66 

O 

o 

252 

66 

4 

253 

66 

5 

254 

68 

7 

256 

69 

8 

257 

69 

9 

258 

69 

10 

259 

70 

11 

260 

224 

1 

220 

227 

1 

85 

332 

1 

594 

344 

1 

133 

344 

2 

134 

344 

3 

135 

505 

1 

427 

506 

1 

635 

507 

1 

144 

507 

2 

154 

508 

3 

157 

508 

4 

151 

508 

5 

164 

587 

1 

785 

589 

4 

788 

744 

1 

681 

745 

2 

682 

745 

3 

683 

746 

4 

684 

747 

5 

685 

747 

6 

686 







State of Washington 


407 


SESSION LAWS OP 1917 


747 

7 

687 

749 

9 

689 

749 

10 

690 

751 

12 

692 

751 

13 

693 

752 

14 

694 

754 

17 

697 

754 

18 

698 

755 

19 

699 

755 

20 

700 

755 

21 

701 

756 

22 

702 

756 

23 

703 

757 

24 

704 

758 

25 

705 


SESSION LAWS OP 1919 


42 

1 (b) 

374 

50 

1 

261 

50 

2 

262 

55 

1 

311 

57 

1 

762 

82 

1 

286 

82 

2 

287 

82 

3 

288 

88 

1 

774 

205 

1 

20 

205 

3 

22 

206 

4 

23 

206 

5 

24 

207 

1 

488 

208 

2 

514 

208 

3 

582 

210 

4 

628 

211 

5 

629 

211 

6 

584 

21 2 

7 

442 

212 

8 

652 

212 

Q 

661 

21 5 

10 

443 

211 

11 

448 

217 

13 

800 

218 

14 

707 

218 

15 

708 

219 

16 

709 

21 9 

17 

710 

220 

18 

7i 1 

220 

19 

712 

220 

20 

714 

221 

21 

718 

221 

22 

719 

222 

23 

411 

289 

1 

844 

390 

1 (a) 

516 

392 

1 

781 

392 

2 

782 

39 2 

3 

783 

393 

4 

784 

410 

1 

165 

410 

2 

166 

411 

3 

167 

411 

4 

168 

411 

5 

38 

411 

6 

40 

415 

1 

68S 

416 

2 

691 

417 

3 

695 

417 

4 

696 

418 

5 

706 

420 

1 

273 

420 

2 

274 

420 

3 

275 

4 21 

4 

276 

422 

5 

277 

422 

6 

278 


SESSION 

LAWS 

OP 

1919 

423 

7 


279 

423 

8 


280 

424 

9 


281 

424 

10 


282 

424 

11 


283 

424 

12 


284 

425 

13 


285 

437 

1 


588 

454 

1 


266 

455 

2 


267 

455 

3 


268 

456 

4 


269 

457 

5 


270 

457 

6 


271 

458 

7 


272 

490 

1 


436 

491 

2 


437 

520 

1 


430 

520 

2 


431 

653 

1 


137 

654 

2 


138 

655 

3 


139 

655 

4 


140 

656 

5 


141 

708 

1 


674 

SESSION 

LAWS 

OP 

1920 

15 

1 


760 

SESSION LAWS 

OF 

1921 

14 

9 


8 

14 

11 


9 

15 

13 


10 

34 

55 


840 

148 

1 


381 

150 

1 


630 

171 

1 


399 

171 

2 


400 

172 

3 


401 

180 

3 


533 

180 

4 


534 

181 , 

201 

7 


537 

1 


169 

227 

1 


33 

263 

17 


631 

280 

45 


420 

323 

2 


632 

400 

1 


786 

491 

1 


380 

492 

1 


160 

499 

1 


75 

499 

2 


76 

500 

3 


77 

500 

4 


78 

500 

5 


79 

501 

6 


80 

528 

1 


39 

554 

1 


798 

653 

1 


87 

654 

1 


113 

654 

2 


114 

654 

3 


115 

655 

4 


116 

66 5 

1 


54 3 

665 

2 


544 

666 

3 


545 

666 

4 


546 

666 

5 


547 

SESSION LAWS OF 

1923 

46 

1 


804 

47 

1 


67 

48 

2 


68 

48 

3 


69 


SESSION 

LAWS OP 

1923 

74 

1 

463 

106 

1 

74 

107 

1 

787 

172 

1 

531 

172 

2 

532 

173 

3 

535 

174 

4 

536 

174 

5 

538 

174 

6 

539 

176 

7 

540 

176 

8 

541 

176 

9 

542 

228 

1 

92 

228 

2 

93 

228 

3 

94 

236 

1 

397 

236 

2 

398 

238 

1 

21 

276 

1 

365 

277 

1 

763 

285 

1 

255 

354 

1 

822 

354 

2 

823 

355 

3 

824 

355 

4 

825 

356 

5 

826 

356 

6 

827 

357 

7 

828 

357 

8 

829 

358 

9 

830 

359 

10 

831 

359 

11 

832 

488 

1 

813 

488 

2 

814 

488 

3 

815 

490 

4 

816 

490 

5 

817 

490 

7 

818 

491 

1 

669 

574 

1 

305 

574 

2 

297 

575 

3 

298 

576 

4 

299 

576 

5 

300 

577 

7 

301 

637 

1 

322 

638 

2 

323 

638 

3 

324 

638 

4 

325 

639 

5 

326 

639 

6 

327 

639 

7 

328 

640 

8 

329 

640 

9 

330 

641 

10 

331 

642 

11 

332 

643 

12 

333 

644 

13 

334 

644 

14 

335 

644 

15 

336 

645 

16 

337 

645 

17 

338 

646 

18 

339 

647 

19 

340 

647 

20 

341 

648 

21 

342 

648 

22 

343 

648 

23 

344 

649 

24 

345 

650 

25 

346 

651 

26 

347 

651 

27 

348 

652 

28 

349 

652 

29 

350 






INDEX 


Sec. Note Page 


ACCOUNTS—Accounting and cost systems for first class districts.... 831 

Annual reports required. 812 

Closing of accounts and transfers..•••.•. 833 

County auditor to audit for third class districts. 847 

Fiscal year for school districts defined. 837 

Inspection by division of municipal corporations. 834 

expenses to be borne by district. 839 

Penalty for refusal or neglect of officers and employees to keep 834 

Separate accounts to be kept for each fund and district. 833 

Uniform system of accounting to be installed. S41 

ACCREDITED INSTITUTIONS—Exemption of graduates from 

examinations . 17 (3) 

Higher institutions accredited by state board. 17 (3) 

Kindergarten normal department. 636 

Normal training departments, how accredited. 17 (6) 

Professional subjects, examinations in. 17 (3) 

twelve semester hours required. 17 (3) 

Requirements, must equal those of university or normal schools 17 (3) 

Secondary schools, accredited by state board. 17 (5) 

Standard certificates based on graduation. 297 

State board of education to approve courses. 17 (2) 

State university ancf state college cannot be accredited. 297 

ACTIONS—Against clerk for district loss under compulsory at¬ 
tendance act . 361 

Against clerk for loss of school apportionment. 423 

Against parents for clothing of parental school children. 676 

Against parents for injury to school property. 352 

Appeal bond not required of district. 600 

By school districts. 595 

Contractors’ bonds, notice. 627 

Director, personal liability for employment of teacher not quali¬ 
fied . 424 

District lands liable to eminent domain, for diking or drainage 

districts . 603 

for improved road systems. 604 

under commercial waterways act. 601 

assessment of benefits. 602 

Election contests..*. 550 

Exemption of district from liability. 594 

Penalties for non-attendance at free government school, recovery 371 

Pleadings, verification. 597 

Process to be served on clerk. 464 

Prosecuting attorney to represent districts. 5 89 

Recall, to compel officer to perform duty. 576 

Right of action conferred on school districts. 595 

Satisfaction of judgments. 598 

Summons to be served on clerk. 596 

Teacher’s contract not binding on district after expiration of cer¬ 
tificate . 310 

To prevent destruction of recall petitions. 571 

University of Washington, attorney general to prosecute or defend 59 

ACTS OF CONGRESS—Agricultural extension work. 127 

Experimental station established. 121 

Morrill Act. funds allotted to state college. 120 

Smith-Hughes vocational act, acceptance. 266 

Smith-Lever act . 137 

ADMINISTRATION BUILDINGS—Issuance of bonds for. 798 

ADMISSION—Common schools, ages of. 243 

ADULTS—Admitted to state custodial school. 223 

Districts of first class may not establish school for adult blind. . . . 630 

Feeble-minded, x-e-commitment to state custodial school. 238 

May attend school, when. 630 

Night schools, attendance credited. 771 

AFFIDAVITS—Basis of appeal. 412 

AGREEMENTS—Non-resident attendance, directors may make agree¬ 
ments . 766 

Transportation between districts, in general. 582 (11) 

of high school pupils. 259 

AGRICULTURE—(see also STATE COLLEGE. Experiment Station; 
VOCATIONAL EDUCATION)—Extension work, acceptance 

of federal act. 127 

Taught in state custodial school. 242 

Use of school property for agricultural meetings. 637 

Vocational courses in, state board to prescribe. 268 


373 
376 
373 
37 8 
375 
373 
375 
373 
373 
375 


34 

34 

. 276 

34 
34 
34 
34 
34 

. 113 

34 

2 113 


. 138 

. 167 

. 294 

. 133 

. 263 

. 261 
. 270 

. 168 

. 264 

. 264 

. 263 

. 264 

. 230 

. 260 
. 142 

. 263 

1 189 

. 258 

. 237 

. 261 
. 263 

1 262 

7 119 

. 236 

45 
61 
60 
59 

. 104 

64 

. 357 

93 
89 

6 273 

92 

. 273 

. 342 

. 163 


339 

240 

100 


61 

93 

277 

104 








































































Index 


409 


Sec. Note Page 

AGRICULTURAL EXPERTS—Equipment. 139 64 

Expenses ....*. !!! !!! ' i38, 140 ii! 64 

Demonstration work, duties. 140 ... 64 

Offices .. "... 139 140 .* * * 64 

Request for appointment, by county commissioners. 138 !!! 64 

Salaries, limits, payable by county. 138 ! * 64 

payable frmn current expense fund, when. !.!!!!! 141 !!! 65 

payable jointly with federal government. 140 . !. 64 

ALCOHOL—(see also INTOXICATING LIQUORS)—Failure to pro¬ 
vide for teaching effects of, penalty. 248-9 ... 96 

Intemperance ground for revoking teacher’s certificate. 307 . ! . 117 

Teaching effects of, required. 247 96 

Use by teacher, prohibited. Appendix A Rule 9 ... .’!! 383 

ALIENS—May sign petition for transfer of territory for organization 

of new district. 467 12 191 

Not entitled to vote. 525 7 221 

Permits to teach, issuance and revocation.286 ... 109 

penalties . 288 ... 110 

ALTERATION OF BOUNDARIES—(see also DISTRICTS)—County 

auditor to certify to assessor. 466 ... 190 

Extension of city limits. 477 ’ * . 197 

Petition for . 474 193 

APPARATUS—(see also SUPPLIES)—Approval of purchase re¬ 
quired in districts of the third class. 740 ... 321 

District not liable for accidents relating to. 594 . . . 260 

Warrants withheld for third class districts when approval of 

county superintendent has not been obtained. 850 ... 379 

APPEALS—Alteration of district, adjustment of assets and liabilities 475 ... 195 

Alteration of district boundaries. 474 ... 193 

Alteration of district by extension of city limits, property ad¬ 
justment . 479 ... 197 

Basis of . 412 ... 163 

Condemnation proceedings for school sites, right of. 622 . . . 268 

effect . 622 . . . 268 

County superintendent, appeal from decision or order of. 411 ... 162 

appeal from directors to. 411 ... 162 

Decisions of points of law, state superintendent to make. 6 (14) ... 29 

Decision, to be final, except. 415 ... 163 

copies of record. 416 ... 164 

court may review. 415 ... 163 

reported to county assessor, when. 417 ... 164 

Election contests, appeal from judgment. 561 ... 232 

From decisions or orders. 410 ... 161 

From failure to act.... . 410 ... 161 

Hearing, procedure . 414 ... 163 

New districts, adjustments in. 472 ... 193 

Notice of appeal . 413 ... 163 

of decision ._. 416 ... 164 

of hearing .*. 413 . . . 163 

Oaths, administration of. 414 . . . 163 

Proceedings on commitment to state training school. 177 ... 78 

Refusal to register certificate, appeal from. 295 ... 112 

Retiremeiit fund, local, allowance or rejection of claims. 704 ... 303 

Retirement fund, state, allowance or rejection of claims. 346 ... 132 

Revocation of certificates, appeal from. 309 ... 118 

State board of education to hear and decide. 17 (11) ... 34 

Superintendent of public instruction, appeals from county super¬ 
intendent taken to, when. 411 ... 162 

points of law, to give decisions on. 6 (14) ... 29 

Superior court, appeals from decisions of county superintendent 

taken to, when. 411 ... 162 

Time limit . 410 .. . 161 

To whom taken. 411 ... 162 

Transcript . 413 . . . 163 

Union high school districts, concerning fox-mation. 499 ... 210 

Witnesses may be summoned. 414 ... 163 

no provision for payment. 414 5 163 

APPORTIONMENT—Attendance credit not allowed, when. 582 117 247 

Attendance outside of district, credited how. 766 ... 339 

Barefoot schoolboy bonus. 765 ... 338 

union high school districts entitled to credit although school 

is not taught. 498 3 210 

Basis of, county superintendents’ annual reports. 764 ... 337 

Certificate of, notice to clerks. 773 ... 342 

Consolidated districts, attendance credit. 488 ... 204 

district not entitled to, when. 487 ... 203 

to be credited for state and county funds alike. 488 10 204 

when not entitled to. 487 ... 203 

County, credited to district general fund. 779 ... 345 

items included . 763 3 337 

County funds, manner of. 778 ... 344 












































































410 


Index 


APPORTIONMENT—Continued. 


Sec. Note Page 


County superintendent to make to districts. 773 

duty regarding . 440 (14) 

County treasurer to report amounts. 856 (2) 

Credit where school is closed by contagious disease or other un¬ 
avoidable cause . 774 

Dates of. 763 

Defectives, schools for, attendance credit. 7/0 

Election day, district not entitled to credit when school is closed.. 521 

Estimated apportionment not assets. 780 

First class districts, estimated receipts included in budget.. 664 

limit on number of days... 661 (5) 

High school attendance, how counted. 769 

bonus to, conditions. 772 

High school district funds, distribution. 257 

reimbursement not tuition charge. 260 

Holidays— 

Christmas week, allowance for. 321 

no allowance for those other than school holidays. 321 

Indians—attendance at government schools not counted. 7 65 

attendance at public school counted. 765 

Institute attendance, credit for. 448 

Joint districts, how made to. 512 

Kindergartens—basis of. 635 

included in . 635 

Loss of, liability for. 423 

Id. . 424 

Minimum credit allowed. 765 


district entitled to two-thousand days, although no school 


has been maintained. 470 

New districts—county superintendent to make division.^ 471 

entitled to, when.' 470 

Night school, attendance credited, how. 771 

Non-resident pupils, attendance credited, how. 766 

clerk to make claim.. 767 

forfeited, when. 767 

private school report. 768 

Normal model school and training department, atendance credited 

to district . 157 

Parental schools, attendance credit. 770 

Private laws to authorize prohibited. art. 2 28 (1) 

Private schools, attendance credit. 768 

Report of state superintendent shall show. 6 (2) 

Saturday attendance not to be counted. 321 

State auditor to certify amount to state superintendent. 761 

State board for vocational education—apportionment of reim¬ 
bursement for teachers’ salaries. (270 

1 284 

to approve standards and courses. 270 

State, credited to district general fund. 779 

items included . 763 

Union high school districts, how made to. 498 

Vocational education, reimbursement apportioned under direction 

of state board. 284 

Withheld by county superintendent, when. 775 

when teacher is not legally qualified. 425 


... 342 

... 174 

... 379 

... 343 

... 337 

2 341 

12 218 
18 348 

... 289 

. .. 285 

... 341 

... 342 

99 

... 102 

15 123 

10 123 

2 338 

6 339 

. . 182 
. . 214 

. . 276 

. . 276 

. . 167 

. . 168 
. . 338 

1 192 

. . 192 

. . 191 

. . 342 

. . 339 

. . 339 

. . 339 

. . 340 

70 

. . 341 

2 19 

. . 340 

29 

5 123 

. . 335 

. . 105 

. . 109 

. . 105 

. . 345 

3 337 
. . 210 

. . 109 

. . 343 

. . 168 


APPROPRIATIONS—Experimental station, distribution of federal aid. 124 


In first class districts, budget to constitute. 828 

lapse of . 830 

University current fund. 71 


60 

372 

372 

48 


ARCHITECTS—First class districts may employ. 661 (6) 

State college may employ. 110 

University, employment . 62 

ARCHIVES COMMITTEE—Superintendent of public instruction a 

member . 8 


285 

58 

47 

32 


ARMISTICE DAY—‘Victory and admission day to be observed in 

schools . 399 . . . 156 

ART—Special certificate valid. 300 . . . 114 

University of Washington to provide instruction. 86 ... 52 

ASSESSMENT—(see also EMINENT DOMAIN; TAX LEVIES) — 

Property to be assessed at fifty per cent of value. 784 ... 349 

ASSISTANT SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Appointed by state superintendent. 7 ... 32 

Certificate to be held by. 7 ... 32 

Retirement fund, eligibility in first-class districts. 681 ... 295 

under state fund. 322 . . . 125 

ATHLETICS—Apparatus, district exonerated from accidents caused 
by equipment used in connection with park, playground or field 

house . 594 ... 260 

District funds may not be expended to rent a hall for basket ball 

games . 582 84 245 














































































Index 


411 


ATHLETICS—Continued. 

District not liable for accidents. 

Districts may purchase or condemn land for athletic fields and 

playgrounds . 

Participants excused from physical education. 


Sec. Note Page 
594 ... 260 

608 1 265 

21 ... 37 


ATTENDANCE—Art schools, not counted for apportionment. 768 

Basis of apportionment, as shown by county superintendent’s 

report . 764 

Children under six years of age, attendance not allowed. 582 

Christmas week, may be counted for school days. 321 

Commercial schools, credit for attendance. 768 

CompulsOT-y—(see COMPULSORY ATTENDANCE for complete . 

index) . 353 

Consolidated district, credit. 488 

entitled to, when. 487 

Contagious diseases, bar to. 419 

County apportionment, portion based on. 778 

Credit for time lost by quarantine or unavoidable closing. 774 

Days of, basis of apportionment. 765 

First class districts, maximum days’ credit. 661 (5) 

High school—bonus to grades, conditions. 772 

from other states. 630 

how counted . 769 

in adjoining states, payment of tuition. 630 

reimbursement from high school district fund not deemed 

tuition charge. 630 

Institute credit . 448 

Kindergarten, basis of apportionment. 635 

teachers, superintendents and clerks to report. 635 

Minimum average daily attendance, disoi'ganization of districts 

failing to maintain. 514 

Minimum credit to district. 765 

district entitled to two thousand days although no school had 

been maintained . 470 

Music schools, not counted for apportionment. 768 

Night school, credited how. 771 

Normal model school pupils, how credited. 157 

Officer, appointment and duties. 356 

failure to perform duty, penalty. 362 

may arrest without warrant. 357 

One hour required. 4 .Rule 12, Appendix A ... 

Outside of district—agreement between boards concerning. 766 

clerk to file claims. 767 

credited, how . 766 

forfeited, when . 767 

private schools, how credited. 768 

Part-time schools, compulsory—ages and exceptions. 274 

employment permits . 275 

enforcement .. 285 

Private schools, report and credit. 768 

Pupils under six not to be counted. 765 

Saturday not to be counted for apportionment. 321 

School day, length of. 246 

School fair, may be counted when. 765 

School for defectives, credited - how. 770 


2 340 

... 337 

117 247 

15 123 

4 340 

. . . 134 

. . . 204 

... 203 

... 165 

... 344 

... 343 

... 338 

... 285 

... 342 

... 273 

... 341 

... 273 

... 273 

... 182 
... 276 

... 276 

... 215 

... 338 

1 192 

2 340 

... 342 

70 

... 137 

. . . 139 

. . . 137 

... 383 

... 339 

. . . 339 

... 339 

. . . 339 

... 340 

... 106 
... 107 

... 109 

... 340 

8 339 

5 123 

95 

9 339 

2 341 


ATTENDANCE OFFICERS—Complaints for violation of compulsory 

act . 355 

Part-time schools, to enforce attendance..:. 285 

Teachers’’retirement fund, not eligible. 681 

ATTORNEY GENERAL—Agreements between counties and state , 

college for employment of experts, to approve. 138 

Exchange of university forestry lands—to advise board of regents 85 

Legal adviser for university.-. . . 59 

Misfeasance and malfeasance of officers, to prosecute. 834 

approval of compromise required. 834 

Opinions, authority of. 589 

Report of examinations of offices, filed with. 834 

Retirement fund, legal adviser of trustees..... 326 

State auditor to file district financial reports with. 834 



5 


136 

109 

296 


64 
51 
4 5 
373 
373 
258 
373 
125 
373 


ATTORNEYS—'Employment of, by trustees of state retirement fund . . 326 

First class districts may employ. 661 ( 6 ) 

Prosecuting attorney—-(see title PROSECUTING ATTORNEY 
for complete index). 

to advise directors and superintendents. 5 90 

to serve for school districts. •••••• 589 

Special counsel, employment by component of consolidated district. 589 
Teachers’ retirement fund, trustees may employ in first class dis¬ 
tricts, when . 684 


AUDITOR, STATE—(see STATE AUDITOR)—Examination of pub¬ 
lic offices . 


834 


125 

285 


258 

258 


297 














































































412 


Index 


Sec. Note 

AUTOMOBILES—(see also TRANSPORTATION)—Motor vehicles 

owned by district exempted from licenses. 631 ... 

drivers, minimum age. 632 ... 

“Slow Down” signs to be erected near schools. 420 

BALLOTS—Form of, in bond elections. 799 ... 

in class A counties and counties of the first class. 5 39 

in elections to validate indebtedness. 792 ... 

in general elections... 529 ... 

in recall elections. 573 ... 

in special meetings. 529 ... 

Provided by election board, in class A counties and counties of 

the first class. 545 ... 

Required in first class districts. ... 708 

BAREFOOT SCHOOL BOY LAW. 765 ... 

District which has failed to maintain school entitled to barefoot 

bonus . 470 1 

BELLINGHAM NORMAL SCHOOL—(see also STATE NORMAL 

SCHOOLS)—Established . 142 ... 

Fund created . 35 . . . 

May grant right-of-way for highway. 169 ... 

Tax levy, amount. 39 ... 

BIBLE—(see also RELIGION)—Credit not to be given for study art. Ill 2 

High school credit may not be granted for. 418 4 

Stated reading prohibited. 418 2 

BIDS—Advertised for in first class districts, when. 660 ... 

Bonds, advertisement for. 804 ... 

contents . 815 

BIENNIAL REPORT—(see also REPORTS)—Superintendent of 

public instruction shall make. 6 (2) ... 

BILLIARD HALLS—Admission of minors, penalty. 374 . . . 

Habitual visitation constitutes delinquency. 379 

BLANKS—Appendix of blank forms. . 

Compulsory attendance reports, state superintendertt to furnish... 361 ... 

County superintendent to distribute. 440 (3) ... 

State superintendent shall prepare and print. 6 (3) ... 

BLIND—(see also STATE SCHOOL FOR BLIND)—Clerk to report 

in census . 213 

Districts of first class may establish schools for. 661 (4) 

State school for blind. 207 ... 

BOARD OF CONTROL—(see DIRECTOR OF BUSINESS CONTROL). 

BOARD OF DIRECTORS—(see DIRECTORS for complete index) — 

Powers and duties in general. 582 ... 

in districts of the first class. 661 ... 

BOARD OF EDUCATION. STATE—(see STATE BOARD OF EDU¬ 
CATION for complete index)—Powers and duties. 17 ... 

BOARD OF HEALTH—Attendance credit when school is closed by... 774 ... 

Medical inspector to make report to, in first class districts... 661 (13) ... 


Rules of state board set forth.Appendix B 


BOND REDEMPTION FUND—(see also BONDS; REVENUES. 


SCHOOL) . 804 

BONDS, CONTRACTOR’S—Copy of form of. 

Notice to contractor. 625 

Security for labor on public works.•. 624 

action on bonds . ‘627 

liability for loss. 626 


BONDS—Advertisement for bids on. 

Advertisement of sale. 

re-advertisement . 

Alteration of districts, adjustment. 

Apparatus, issuance for. 

Assignment, recording of.. 

Authority to issue, how obtained. 

special meeting may authorize borrowing of money. . . . 

Bids, opening and acceptance. 

Breach vacates office. 

first class district, may be required of employees. 

secretary to give. 

Brokerage contract not permissible. 

Consolidated districts, bonds of consolidated district—effect 

•effect of indebtedness of component districts. 

payment of indebtedness of component district. 

County treasurer to make annual report on unpaid bonds. . 

Coupons .. 

cancellation and payment after registration. 

payment to be reported to directors. 


... 804 

... (800 
) 815 
... (801 
X 815 
. . . 475 

... 798 

... 819 

... 798 

. .. 528 

... SOI 
... 580 

661 (11) 
... 653 

... 801 
... 798 

... 489 

. ... 489 

856 (3) 

. ... 798 

... 820 
.... 806 


2 

5 

1 


Page 

275 

275 

166 

360 

227 

354 

223 

237 

223 

229 

304 

338 

192 


66 

40 
75 

41 
19 

165 

165 

284 

364 

368 


29 

142 

145 

392 

138 

174 

29 

87 

285 

86 


240 

285 


34 

343 

285 

(386 

1387 

364 

401 

270 

268 

270 

270 

364 

362 
368 

363 

368 
195 
357 

369 

357 
222 
363 
239 
285 
283 
363 

358 
205 
205 
379 
357 

370 
366 












































































Index 


413 




PONDS—-Continued. 

Days’ attendance earned but unapportioned not computed as 


Delivery of bonds, when and how.. 

Denominations, provisions of school bond law.. 

provisions of serial bond law of 1923.. g13 

provisions relating to funding bonds... 809 

Description of . 755 

Directors may not issue in less amount than authorized. 


Id. 


Districts—formation, uniting or transfers, not to be prevented by 

issuance of bonds. 

Election to authorize—ballots, form of. 

limit of title to twenty-five words applicable only to 


method of depositing. 

defective notice does not invalidate, when. 


in port districts containing a first class school district not in 


proposition cannot be submitted to voters at special meeting 


state will not purchase bonds if election was held at more 


Exchange of warrants for. 


Funding, at maturity without vote, when. 


Instructions relative to issuance and transcripts. . . . Appendix C 

Interest on, levy for. 

must be paid. 

not to exceed what limit. 

to cease, when.... 8141 

Issuance of, not to prevent formation or alteration of districts. . 

Joint districts, to what county deemed to belong. 


New districts may be charged with proportionate share of bonded 


Procedure not affected as to bonds under existing or prior laws. . . 


in first class districts./ 


Retirement fund, investment in and sale—local funds. 


Signatures . 799 

Sinking fund, levy for. 


may not be divided upon formation of new districts out of old. 

Special meeting may authorize borrowing of money. 

State college regents to give. 


secretary to give, 
treasurer to give. 


Sec. 

Note 

Page 

786 

1 

352 

801 


363 

800 


362 

813 


368 

809 


366 

755 


334 

798 

*22 

359 

514 

... 

215 

798 

21 

359 

514 

4 

215 

463 


187 

799 


360 

799 

24 

362 

799 

9 

361 

799 

12 

361 

532 


225 

543 


228 

815 

... 

368 

799 

13 

361 

799 

... 

360 

799 

IS 

362 

726 

1 

310 

799 

20 

362 

799 

17 

362 

802 


364 

580 


239 

801 


363 

797 


356 

J 799 


360 

1 813 


368 

809 


366 

798 


357 

798 


357 

810 


367 

811 


367 

786 


351 

• . • 


388 

804 


364 

806 


366 

798 


357 

812 


367 

463 


187 

803 


364 

813 


368 

818 


369 

472 

1 

193 

429 


170 

i 798 


357 

1817 


369 

807 


366 

818 


369 

801 


363 

798 


357 

798 


357 

817. 


369 

809 


366 

818 


369 

808 


366 

J 800 


362 

1 819 


369 

336 


129 

694 


300 

754 


333 

f 800 


362 

1 815 


368 

801 


363 

J 798 


357 

1 813 


368 

799 


360 

804 


364 

664 


289 

, 814 


368 

471 

* *3 

192 

528 


222 

96 


55 

136 


63 

99 


56 

99 


56 


















































































414 


Index 


BONDS—Continued. 

State officers liable on, as officers of retirement fund. 

Subsequent change of site does not affect validity. 

Superintendent of state training school to give. 

Truck, may not be issued to purchase. 

Union high school district and consolidated district cannot unite 

in bonding . 

Union high school districts—union districts bound by indebted¬ 
ness of constituent districts. 

withdrawal does not affect security... 

Validation of indebtedness, issuance for. 

exchange of warrants for bonds. 

form and execution—interest rate. 

moneys arising from, how deposited. 

of district merged with first class district. 

sale of, how regulated. 

serial bond law applies to validated bonds. 

Validity not affected when issued under existing or prior laws. . . . 

BONUS—Consolidated district. 

High school attendance credit. 

High school grades, requirements and amount. 

Minimum credit for apportionment (Barefoot School Boy Law)... 

BOOKS—(see also LIBRARIES; TEXTBOOKS)—Textbooks, adop¬ 
tion . 

BOUNDARIES—Alteration not to reduce district to less than four 

sections . 

Alterations to be certified to assessor. 

Consolidated districts, county superintendent to make record and 

certify to county officers. 

Consolidated district loses bonus when boundaries become co¬ 
extensive with former district. 

County superintendent to keep record. 440 

Enlargement and transferring of territory, petition. 

Incorporation or consolidation of cities, effect. 

Joint districts, each county superintendent to keep transcript. 

Record of decision of appeal to be reported to assessor. 

BRANCHES—For common schools prescribed. 

May be taught in night schools... 

State training school to teach. 

BRIBES—Conviction, ground for election contest, when. 

Penalty for receiving. 

BUDGET—'Cash on hand not included in estimate of expenditures. 

First class districts. 

board to prepare. 

delinquent claims provided for in next budget. 

emergency, definition and declaration of. 

appropriation to be included in next annual budget. 

resolution to be filed with auditor and treasurer. 

warrants, issuance by unanimous vote. 

estimate for insurance fund to be included. 

final budget, adoption. 

copy to be forwarded to division of municipal corpora¬ 
tions . 

directors bound by, except. 

directors to certify to commissionei's. 

district not liable for excess. 

forms, accounting and cost systems to be prescribed by- 

division of municipal corporations.-. 

hearings . 

date ... 

notice to be published... 

penalty for violation of act. 

preliminary budget . 

copies to be furnished to taxpayers. 

division of municipal corporations to prescribe 

classifications . 

enlargement of curriculum restricted after prelimi¬ 
nary adoption . 

estimates, basis of. 

special funds not affected. 

tentative budget, adoption and hearing. 

revision, taxpayers may be heard. 

Indebtedness of past year may be included, when. 

Institute expense, county superintendent to estimate. 

Second class districts, directors to make. 

Third class districts, directors to make. 

BUILDING FUND—(see also REVENUES; SCHOOL)—Accumula¬ 
tion authorized . 

Bond proceeds credited to, when. 

First class districts, accumulation not prevented by budget law. .. 
Money cannot be transferred except to bond interest fund. 


Sec. 

Note 

Page 

326 


125 

798 

'is 

359 

183 

• • • 

79 

798 

33 

360 

497 

4 

210 

798 

37 

360 

798 

24 

359 

793 


355 

795 


355 

793 


355 

793 


355 

797 


356 

794 


355 

813 

* 3 

368 

818 


369 

488 


204 

769 


341 

772 


342 

765 


33 8 

402 


156 

465 


189 

466 


190 

483 


201 

487 


203 

(12) 


174 

474 


193 

463 


187 

509 


213 

417 


164 

247 


96 

582 

182 

252 

193 


82 

550 


230 

427 


169 

728 

25 

312 

664 


289 

823 


370 

830 


372 

829 


372 

829 


37 2 

829 


372 

829 


372 

667 


292 

827 


371 

827 


371 

828 


372 

827 


371 

828 


372 

831 


373 

825 


371 

826 


371 

825 


371 

832 


373 

823 


370 

825 


371 

824 


371 

824 


371 

824 


371 

830 


372 

S26 


371 

827 


371 

780 

24 

348 

451 


1 84 

728 


310 

745 


324 

728 

16 

312 

801 


363 

830 


372 

728 

’ 8 

311 









































































Index 


415 


BUILDINGS—Abatement by order of health officer. 

Additions, authorization required to build. 

Administration buildings, bond issues for. 

Air space, no statutory requirement. . . . . . . . 

Bonds, issuance for erection or purchase—(see also BONDS) . . . . 

furniture antt apparatus, issuance for. 

Community hall, authorization for erection of.!.!’ 

Community purposes, limitation of expenditures..’ 

Condemnation, county superintendent has no power. 

powers of health officer. 

Contract for erection with company in which directors are stock¬ 
holders forbidden . 

County superintendent to approve plans and specifications for 

third class districts. 44 : 

duty to enforce. 440, 

power to withhold apportionment to enforce.*.! 

Contracts void unless county superintendent has approved plans 
and specifications in districts of the third class. 


Deeds, power of directors to make.. 

Destruction by fire, new plans and specifications must be ap- 


District owning more than one schoolhouse not required to 

maintain school in each.. 

Doors to swing outward, penalty for violation. 

Erection and sale of, authorization by special meeting. 

h irst class districts, directors may erect. 

bids to be advertised for, when.. 


Fire drills required.. 

Flag to be displayed. 

penalty . 

Hardware, general fund may not be used for purchase to com- 


Insurance, power of directors. 582 

Outbuildings, authority required for construction. 

vote necessary to authorize construction, when. 

Pecuniary interest of directors prohibited. 

Portable schoolhouses, may be erected in first class districts 

without vote . 

vote required to authorize purchase by second or third class 


“Slow Down” signs to be erected by county, city or town au¬ 
thorities . 

Special meetings to be held at school house. 

Third class districts, vote required for erection or removal. 74G 

approval of plans. 44 2, 747 

penalty . 775 

Title vested in new district, when. 464 

Uses of, authorized. 582 (10) 

Water supply, directors may not become members of corporation 

for installing water system. 582 

Wider use of, for community purposes. 637 


i>ec. 

Note Page 

582 

97 

246 

729 

( 231 316 
1 31 i 

798 

• • • 

357 

442 

11 

181 

798 


357 

798 

• • • 

357 

637 

• . • 

277 

640 

• » • 

279 

440 

3 

176 

582 

101 

246 

584 

15 

253 

747 


180 

20) 

• • • 

174 

775 


343 

442 

7 

r i33i 

180 

582 

<{ 136 }■ 249 
l 138 1 

442 

9 

180 

605 


264 

442 

10 

180 

464 

• • • 

188 

(3) 

/ 2i 1 

240 

729 

i. 22 j 

315 

28 

38 

528 


222 

664 


289 

660 


284 

664 


289 

664 


289 

660 


284 

661 


285 

652 


283 

29 


39 

628 


272 

629 


272 

779 

11 

346 

(4) 

• • • 

240 

661 

4 

286 

352 

• • • 

133 

661 

• • • 

285 

667 

• • • 

292 

(3) 

• • • 

240 

582 

98 

246 

729 

35 

316 

584 


252 

664 

9 

290 

729 

4, 5 

315 

638 


278 

584 

' i 

253 

729 


314 

420 


166 

529 

• • . 

223 


99 


327 

180 

343 

188 

240 

246 

277 


BUREAU OF FARM DEVELOPMENT—Club work experts, appoint¬ 
ment . 

County commissioners, to appoint members or serve as. 

equipment, may authorize purchase. 

expenditures, limit . 

taxes, levy and appropriation. 

Demonstration work . 

Director . 

experts, to appoint and assign. 

to supervise work.. .. 

joint supervision with federal and county authorities, when..- 
member of bureau. 


138 
137 

139 

139 
141 

140 

137 

138 
140 
140 
137 


64 

64 

64 

64 

65 
64 
64 
64 
64 
64 
64 













































































416 


Index 


BUREAU OF FARM DEVELOPMENT—Continued. 


Sec. Note Page 


Established . 137 

Expenses—borne by county. 137 

limit . 139 

may be shared with federal government. 140 

Experts—appointment and assignment.:. 138,140 

demonstration work—duties... 140 

equipment .*. 139 

expenses .. • • 138, 140 

office . 139, 140 

request for appointment in county. 13 8 

salary . 13 8 

joint payment. 140 

paid from county current expense fund, when. 141 

Home demonstration work. 140 

Home economics expert—appointment. 138 

Meetings . 137 

Members . 137 

United States department of agriculture, cooperation with. 140 

BUREAU OF INSPECTION—Accounts, failure of officers to keep in 

prescribed form, penalty. 843 

Annual reports of taxing districts and institutions, to require. 842 

Examination of school districts. 834 

Expenses of auditing and examination borne by districts. 839 

Expenses of operation and maintenance borne by state. 838 

Officers to report to. 842 

Powers as to examination of districts transferred to division of 

municipal corporations . 840 

Teachers’ retirement fund, to prescribe foimis for first-class dis¬ 
trict* funds . 686 

for state fund. 328 

Uniform system of accounting, to install. 841 

BUS—(see also TRANSPORTATION)—Motor vehicles owned by dis¬ 
trict exempted from licenses. 631 

drivers, minimum age. 632 

BUSINESS MANAGER—Employment in first class districts. 661 

secretary may be authorized to serve. 652 

BY-LAWS—Directors may make. 583 

First class districts, board may adopt. 661 

CANNING CLUBS—Demonstration by experts. 140 

CARD GAMES—Prohibited near university grounds. 67 

penalty . 69 

CARNEGIE FUND—Application by university and state college au¬ 
thorized . 53 

CENSUS—Children between four and five years of age to be included 

in all first and second class districts. 587 

not to be included in third class districts. 587 

Clerk to take. 587 (3) 

to furnish copy to superintendent; principal or teacher. 358 

County superintendent to certify. 777 

Defective youth, separate list of. 587 (3) 

Indians included, when. 587 

In first class districts, how taken. 662 

Military service, effect on residence. 587 

Parents to sign certificate. 587 (3) 

Residence of child that of his parents. 587 

Secretary to take in district of first class. 662 

State school tax, basis of levy. 760 

Teacher to be furnished copy of.;. 358 

CENTRALIA NORMAL SCHOOL—(see also STATE NORMAL 
SCHOOLS) 

Buildings—funds for maintenance, repairs and construction. 38 

Establishment and purpose. 165 

Fund created—purpose. 38 

levy, millage. 40 

where paid. 36 

Site, selection. 166 

Trustees, governor to appoint. 167 

CERTIFICATES AND DIPLOMAS—Advanced special normal school 

diplomas not valid in high schools. 162 

Age restrictions do not apply to normal school diplomas. 292 

false representation cause for revocation, procedure. 292 

Appeals from refusal to issue certificate. 410 

Application must be accompanied by fee. 293 

Art, special certificates for teaching of. 300 

City—holders entitled to permanent certificates. 298 

special . 300 

temporary ... w. 299 

Commercial subjects, special certificates for teaching of.......... 300 


64 

64 

64 

64 

64 

64 

64 

64 

64 

64 

64 

64 

65 
64 
64 
64 
64 
64 


376 

376 

373 

375 

375 

376 

375 

297 

126 

375 


275 

275 

285 

283 

252 

285 

64 

48 

48 


43 


3 256 

4 256 

. . . 255 

. . . 138 

. . . 344 

. . . 255 

2 256 

. . . 288 

6 256 

. .. 255 

5 256 

. .. 288 
. .. 335 

. . . 138 


41 

74 

41 

41 

40 

74 

74 

7 72 

1 111 
2 111 
2 161 
. .. Ill 
. . . 114 

. .. 113 

... 114 

... 113 

... 114 




















































































Index 


CERTIFICATES AND DIPLOMAS- 
Common school. 


-Continued. 


classification 
eligibility to hold. 


County superintendent, grade required for eligibility. 

Credits of 90 per cent—effect. 

may not be held on expired certificate.!.. 

Domestic science, special certificates for teaching of. 
Eighth grade ceidificates. 


Examinations—may be taken piecemeal, 


where and when 
Existing rights pres( 
Experience, evidence 


held. 


Expiration of certificate terminates contract. 
Fees—for issuance or renewal, disposition. 

how limited . 

paid into institute fund. 


First grade certificates, become permanent on application, 
elementary, renewal. 


for use of tobacco or narcotics on school premise. 

.Appendix A par 9 


High school extension examinations, to be issued. 


Icl. 


Kindergarten, special certificates for teaching in 


Life diplomas—granted to graduates of accredited normal train¬ 
ing departments. 


state college. 


Life diploma—granted to graduates of accredited normal training 


university 
Limited—first 


granted on 


second-grade, renewable once after quarter’s attendance at 
higher institution... 


Music, special certificates valid for teachers of. 

Normal diplomas, university... 

Normal school certificates and diplomas—advanced special nor¬ 
mal school diploma. 

contents and signatures. 

elementary certificate. 

elementary diploma, issuance and renewal. 

graduate normal school diploma, issuance and renewal. 

granting of. 

normal school life diploma. 


not valid in high schools. 

Normal school teachers, certification not required. 

Penmanship, special certificates for teachers of. 

Permanent, issuance to holders of old certificates. 

Permits required of aliens. 

Physical education, special certificates for teachei's of. 


Professional certificates, institutions preparing for courses to be 



Sec. 

Note Page 


297 


113 


292 


111 


297 


113 


S 286 


109 


1 292 


111 


460 


186 


432 


171 


305 


116 


305 

i 

116 


300 


114 


365 


139 

17 

(S) 


34 


305 


116 

17 

(8) 


34 


303 


116 


298 


113 


296 


112 


301 

4 

114 


301 

2 

114 


289 

3 

110 


293 


111 


293 

3 

112 


450 


183 


293 

2 

112 


298 


113 


298 


113 


298 


113 

te 

449 


183 




383 


297 


113 


265 


104 


f 298 


113 


{ 301 


114 

17 

(3) 


34 

6 

(12) 


29 


290 


111 


300 


114 

17 

(4) 


34 

17 

(6) 


34 

17 

(8) 


34 


132 


63 

60 

(3) 


45 

17 

(6) 


34 

17 

(2) 


34 

60 

(3) 


45 


301 


114 


301 


114 


301 


114 


301 


114 


301 


114 


301 


114 


301 


114 


301 


114 


301 


114 

6 

(ID 


29 


300 


114 


300 


114 

60 

(3) 


45> 


162 


71 


151 


69 


162 


71 


162 


71 


162 


71 


302 


116 


162 


71 


162 


71 


162 

7 

72 


30 6 

1 

117 


300 


114 


298 


113 


286 


109 


300 


114 


731 


317 

17 

(2) 


34 


—14 



















































































418 


Index 



307 

10 


307 

1 


307 

11 


j 287 

... 


{ 308 

. . 

cate 

307 

7 


307 

12 

440 

(18) 

• • • 


CERTIFICATES AND DIPLOMAS—Continued. - /See. Note 

Qualification of teachers—letter from county superintendent not 

equivalent to a certificate. 289 5 

required for all subjects in which credit is given. 289 6 

Registration . 294 ... 

prior revocation sufficient grounds for refusal to register new 

certificate . 295 3 

requirement—refusal . 295 ... 

Renewal, state and territorial, valid for. 306 ... 

applications, procedure. 301 3 

course must be completed before expiration. 301 1 

fees for issuance. 293 

rights of holders saved. ^298 

Revocation .307-9 

[318 

alien pei-mits, subject to revocation. 286 

appeal, procedure, effect. 309 

authority of superintendent of public instruction to revoke 

normal school certificate. 307 

causes for. j 287 

1 307 

failure to attend institute, effect. 449 

false report as to age, ground for. 307 


penalty 


university certificates and diplomas may be revoked by state 

superintendent, when. 307 

unpatriotic conduct, ground for. 287 

School year, definition for certification. 245 

Second grade certificates—become permanent upon application... 298 

elementary, renewal. 298 

Special . 297 (5) 

city superintendent may issue, when. 300 

commercial, valid in all commercial branches. 300 

emergency substitute. 300 

issuance by state board of education. 300 

not required of holders of regular certificates. 360 

subjects . 300 

validity . 300 

validity limited to subjects specified in. 300 

Standard advanced— 

five-year advanced. 301 

graduation from accredited higher institution required. 301 

life advanced. 301 

renewal application must be made within 90 days. 301 

twelve semester hours of professional work necessary. 301 

Standard elementary— 

five-year elementary. 301 

life elementary. 301 

renewal application must be made within 90 days. 301 

two-year elementary. 301 

two years in accredited higher institution required. 301 

State college—cannot grant diplomas for elementary teaching, or 

be accredited. 297 2 

life diplomas, requirements. 132 ... 

normal diplomas, requirements. 132 

superintendent of public instruction cannot issue certificates 

to graduates to teach in elementary schools. 297 2 

State life certificates and life diplomas, accredited how. 17 (4) 

State school for girls, required for teaching in. 204 ... 

State superintendent cannot refuse issuance on ground of moral 

character or personal unfitness. 295 4 

Subjects and markings of examinations written on face of. 291 

Substitute teacher must hold certificate. 289 8,10 

Superintendent of public instruction to issue. 6 ( 12 ) 

Superintendent of public instruction to issue or countersign. 290 ... 

Superintendents of second class districts must hold certificates. ... 731 ... 

Teachers—employment of teachers not qualified, penalty. 4 24 

forfeiture of apportionment. 425 ... 

must hold valid certificates. 5 88 

Id . 310 '.'.. 

Teaching experience— 

evidence required. 296 

night school experience, credit for. 301 4 

school year defined for matters pertaining to. 246 .. 

superintending schools is equivalent to. 301 2 


Page 

110 

110 

112 

112 

112 

117 

115 

115 
111 
113 

117 

118 
122 
109 
118 

117 

109 

117 

183 

117 

117 

117 

118 
109 
118 

117 

118 
174 

117 

109 
95 

113 

113 

113 

114 
114 
114 
114 
114 
114 
114 
114 

114 

114 

114 

114 

114 

114 

114 

114 

114 

114 

II 3 
63 
63 

113 

34 

85 

112 

III 

110 
29 

111 

317 

16S 

168 

257 

119 

112 

116 
95 

115 














































































Index 


419 


CERTIFICATES AND DIPLOMAS—Continued. 

Temporary—cannot be collaterally attacked in action against 

district .. 

cannot be granted to state normai graduates for high school 

teaching . 

cannot be granted to state university and college graduates 

for elementary teaching. 

city superintendent may issue. . 

issued by state board of education.. . . . ! 

letter from county superintendent not equivalent to a certi¬ 
ficate . 

minimum age for issuance. !.!!!!!!!!!!!!!!!!!’.!! 

superintendent of public instruction not required to sign.... 

Territorial life diplomas, existing rights preserved. 

rights of holders saved. 

University of Washington. 297 

life diploma..j * ‘ j . go 

Normal diploma...’ ’ * 60 

Validation of certificates and diplomas issued prior to act. 

Vocational subjects, state board to provide for. 


CHARTS—(see SUPPLIES) — 

Approval of purchase required before issuance of warrant. 

CHECKERS. STATE. Appointment. 


expenses to be borne by district. 

CHENEY NORMAL SCHOOL—(see also STATE NORMAL 
SCHOOLS) — 

Established . 

Fund created. 

Tax levy—amount. 


CHILD LABOR—(see also COMPULSORY ATTENDANCE)- 


Districts maintaining part-time schools- 


attendance construed as employment. 


Juvenile court act applies to child employed in restaurant as 

singer for hire. 

Penalty for violation. 355 

Id . 

Permit from judge and also from school superintendent required 

when . 

Workmen’s compensation act, girls employed without work per- 


CHILDREN—(see JUVENILE COURT LAW: JUVENILES: 

PARENTAL OR TRUANT SCHOOLS: PUPILS) — 

Admission to places injurious to health and morals, penalty. 

Ages of admission to school.. 

Automobiles, minimum age of drivers. 

Award and adoption under juvenile court law. 

Census . 587 

in first-class districts. 

Compulsory attendance at free government schools. 

Compulsory attendance at schools. 

County superintendent to certify number. 

Dependent and delinquent, who are. 

Directors to exclude under six years of age. 582 

Kindergarten, age of admission. 

Milk may be furnished free in first class districts. 

Possession of tobacco, penalty. 

Residents of school age entitled to admission to school. 

Shall not be detained in jail. 

Tobacco or liquor, selling or giving to, penalty. 

CIRCULATING LIBRARIES. County—(See also LIBRARIES) — 
County superintendent may establish. 


Sec. 

Note 

Page 

299 

1 

114 

299 

2 

114 

299 

2 

114 

299 

• • • 

113 

299 


113 

289 

5 

110 

292 


111 

290 


111 

306 

• • 

117 

298 

, . . 

113 

(3) 

• • • 

113 

(3) 

, , , 

45 

(3) 

• • • 

45 

306 


117 

268 


104 

(18) 


29 

850 

• • . 

379 

844 


377 

834 


373 

839 


375 

142 


66 

35 

• • • 

40 

39 


41 

356 


137 

375 


14 3 

354 

1 

136 

777 


344 

354 

i 

136 

282 


109 

280 


108 

276 


107 

281 


108 

275 


107 

277 


107 

f 376 

• • • 

143 

} 377 


144 

377 


144 

354 

, , , 

136 

376 


143 

379 

l 

145 

355 


136 

378 


144 

354 

4 

136 

376 

1 

143 

374 


142 

243 


93 

632 


275 

387 


150 

(3) 

. • 

255 

662 

• . • 

288 

372 

... 

142 

353 


134 

777 


344 

379 


14 5 

(6) 


240 

633 


275 

669 


992 

374 

• • • 

142 

243 


93 

389 


152 

374 


142 

453 


185 





































































420 


Index 


Sec. Note 


CITIES, Assessment, basis for issuance of bonds. 79 8 ... 

Classification requisite for districts of the first class. 645 ... 

Consolidated districts, formed by uniting of two or more cities, 

all directors to serve until election.. 4 84 ... 

directors of city district to serve, when. 486 ... 

Consolidation of, effect. 463 ... 

Each to constitute one district. 463 ... 

consolidated districts may be formed to include two or more 

cities . 463 

union high school district may be formed to include two 

cities, when. 463 ... 

Employing more than 100 teachers, institutes. 446 ... 

special certificates, may isue. 300 ... 

temporary certificates, may issue. 299 ... 

Extension of limits, annexation of territory. 477 

Incorporation, not to extend district boundaries, when. 463 ... 

Incorporation to include territory in two districts, effect. 463 ... 

CITIZENSHIP, Requisite for eligibility to elective office. 516 

Teachers must be citizens or holders of permit. 286 ... 

penalty for violation. 288 ... 

CITY SUPERINTENDENT, Attendance officers to report to. 356 ... 

Census, clerk to report to. 358 ... 

, Census, to report to truant officer. 358 ... 

City institute, may hold when. 446 ... 

Compulsory attendance—employment certificate, to issue. 354 ... 

failure to enforce, penalty. 362 

may excuse from. 353 ... 

truancy or incorrigibility, to report. 358 ... 

Course of study, preparation in districts of first division. 405 ... 

False report of presence of pupils, penalty. 318 ... 

First class districts, election, term, salary of. 661 (1) ... 

assistant city superintendents may be employed. 661 (7) ... 

elected by roll call. 649 ... 

Institutes, teachers’, may hold when. 446 ... 

report of. 452 

Penalty for accepting bribe or unlawful remuneration. 427 ... 

Report of. 312 . . . 

Second class districts, election and powers. 731 ... 

Teachers report to. 312 

Textbook commission, chairman of. 403 ... 

Third class districts, elected when—powers of. 742 ... 

report required from. 743 ... 

Women may serve as. 3 ... 

Written statement required for furnishing free textbooks to poor 

children . 661 (10) ... 

CIVICS, American history and government required in high schools... 262 ... 

Patriotism and citizenship to be taught. 315 ... 

penalty for failure. 287 ... 

Temperance and good citizenship day, observance. 397 ... 

CLAIMS, Affidavit required. 835 ... 

Attendance, clerk to make for resident pupils attending outside 

district . 767 ... 

Compromise prohibited pending prosecution, when. 834 

First class districts, time limit for presentation. 830 ... 

For maps, charts and apparatus, withheld when approval of 
county superintendent has not been obtained for third 

class districts. 850 

High school district fund, claims against. 255 

Superintendent cannot order payment by district. 410 

Vouchers, approval required in second and third class districts... 845 
CLERKS, DISTRICT—(See also SECRETARY)— 

Absence, appointment of clerk pro tem . 587 (1) 

Annual financial statements. 587 (2) 

Apportionment, county superintendent to give notice of. 773 

Bonds, countersigning of.(793 

) 799 

Boundaries of district, descriptions, how secured. 440 (12) 

Claim for attendance in other districts. 767 

Compensation of—limit—withheld, when. 588 

Complaint for failure to teach hygiene and effects of alcohol 

and narcotics . 248 

Compulsory attendance act, annual reports of observance. 361 

Consolidated districts—clerk of component district to report full 

payment of indebtedness. 4 89 

county superintendent to certify boundaries and number of 

district to clerk. 4 83 

election of. 4 85 

organization of board to be reported. 485 

superintendent may serve. 485 

Contract, teacher’s, to retain duplicate of. 582 (1) 

County treasurer to make monthly statement to. 856 (5) 

County treasurer to report cancelled warrants monthly. 856 (6) 


Pape 

357 

281 

282 

283 

187 

187 

187 

187 

182 

114 

113 

197 

187 

187 

217 

109 

110 

137 

138 

138 
182 
136 

139 
134 
138 
158 
122 
285 
285 
282 
182 - 
184 
169 
120 
317 
120 
157 
323 
323 

28 

285 

103 

121 

109 

155 

374 

339 

373 

372 


379 

98 

161 

377 

255 

255 

342 

355 

360 

174 

339 

257 

96 

138 

205 

201 

203 

203 

203 

240 

379 

379 














































































Index 


421 


CLERKS, DISTRICT—Continued. 


Sec. Note Pape 


Deaf or blind youth, report. 213 

Defective youth, report. 230 

Duties of, enumerated. 587 

accounts, to keep. 587 (2) 

annual report to county superintendent. 587 (4) 

meetings of board, to attend. 587 (1 ) 

notices of elections and board meetings, to give. 587 (6) 

record of proceedings, to keep. 587 (1) 

report, to preserve copies... >. 587 (1) 

school census, manner of taking. 587 (3) 

supplies purchased, to keep account of. 587 (5) 

teachers employed, to report, etc. 587 (7) 

warrants, to sign and report. 587 (8) 

Elections—change of date on petition of voters, notice to clerk. . . . 521 

for validation of indebtedness, return to clerk. 792 

for validation of indebtedness, to post notices. 791 

notice of. 522 

no duty or authority to post in class A counties and 

counties of the first class. 522 

Employment to superintend improvements forbidden. 584 

Expenses of. 584 

allowance for attendance at hearing upon alteration of 

boundaries . 588 

High school districts—to certify costs to county superintendent. . . 254 

Indebtedness, report payment of. 480 

of consolidated districts, report. 489 

Joint districts, reports of, how made. 513 

shall file certificate of election and signature. 506 

Kindergarten attendance, to report. 635 

Liability for loss to district under compulsory attendance act. 361 

Nominations to be filed with in class A and first class counties. . 53 8 

Normal model school pupils—to segregate attendance. 157 

Oath of office, filing of—may administer, when. 

Organization of board, notice of change in. 

Private schools to report attendance to. 

Prosecuting attorney eligible. 

Public school system, officer of. 


Recall petitions to be filed with. 

Records—county superintendent to inspect. 

must be delivered to successor. 

failure, penalty. 

open to public inspection. 587 

Reports—abstracts to be included in county superintendent’s 

report . 440 ( 

failure to make, penalty.-. 

Reports required by county superintendent. 440 < 

failure to make, penalty. 

observance of compulsory attendance law. 

penalty for failure or false report. 

Salary—may be paid in stated monthly installments. 

School census, shall take. 587 

copy furnished teacher. 

School law, shall receive copy of. 6 

Second class district, election and removal. 

Signature must be filed with county auditor. 

Special meetings of district, clerk of—duties. 

Summons must be served upon.. 

Supplies, purchase of. etc. 587 

Teacher may not serve as. 

Teacher’s register—county superintendent to furnish on requi¬ 
sition ... 440 i 

to examine and make certificate. 

Teachers’ reports, copies of, to receive. 

Teachers’ retirement fund— 

certificates of membership, to register. 

deductions, to certify to secretary of fund. 


to 


Third class districts, election and i 
Tuition, transfer of money for. . . 

Union high school district—initial ] 
notice of election for forming. 

notice of organization. 

powers in . .. 

Validation of indebtedness—bonds, 

Women may serve as. 

CLUB WORK—(See also BUREAU OF FARM DEVELOPMENT)- 


to 


5 

11 


87 

91 

255 

255 

255 

255 

255 

255 

255 

255 

255 

255 

255 

217 
354 
354 

218 

219 

253 

252 

257 

98 

198 

205 

214 

213 

276 

138 

227 


intention of act. 

Presumed to be correct .. 
State manual to contain 


157 


70 

579 

, . 

239 

586 

• • • 

255 

768 

• • • 

340 

588 

2 

257 

2 

• • . 

28 

584 


252 

564 

1 

233 

441 


179 

585 

• • • 

254 

424 

# # 

168 

(2) 


255 

11) 


174 

5 88 

... 

257 

11) 

« • • 

174 

423 

... 

167 

361 


138 

361 


138 

588 

4 

258 

(3) 


255 

358 


138 

(6) 


29 

725 

• • 

309 

581 


239 

529 


223 

596 

1 

262 

(5) 


255 

587 

10 

257 

19) 


174 

317 


122 

312 


120 

330 


126 



128 

331 


127 

332 

. . • 

127 

329 

. . 

126 

738 


320 

630 


273 

491 


206 

492 

... 

207 

494 

• • • 

208 

497 

. • • 

209 

793 

... 

355 

3 

• . • 

28 

140 

• • • 

64 

860 


382 

861 

... 

382 

6 

3 

31 


excerpts. ® (17) 


29 















































































422 


Index 


See. Note Page 

COEDUCATION, State custodial school. 241 ... ns 

State normal schools. 152 ... 69 

State training school. 193 ... 82 

University of Washington. 86 ... 52 

COLLEGES AND UNIVERSITIES—(see also INSTITUTIONS OF 
HIGHER LEARNING. UNIVERSITY OF WASHINGTON, 

WASHINGTON STATE COLLEGE and STATE NORMAL 
SCHOOLS) — 

Entrance requirements, approval..*. 17 (1) ... 34 

Fire drill law not applicable. #32 ... 39 

COLOR, Distinction on account of, p inhibited.art. 9 1 ... 23 

COMMENCEMENT EXERCISES, Directors may provide for. 582 (7) ... 240 

District funds may be expended for printing programs. 365 8 139 

COMMERCIAL SUBJECTS, Special certificates for teaching of. 300 ... 114 

COMMERCIAL WATERWAYS, District lands subject to eminent 

domain . 601 . . . 263 

COMMON BRANCHES— 

May be taught in night schools. 582 182 252 

COMMON SCHOOLS, Admission of pupils. 243 ... 93 

directors not required to admit eighth grade graduates for 

review. 243 4 94 

pupils residing on government property not within a reser¬ 
vation . 243 7,8 94 

vaccination may not be required as condition of school mem¬ 
bership in second and third class districts. 243 6 94 

Adults may attend, when. 630 ... 273 

Ages of pupils admitted to. 243 ... 93 

pupils under six barred. 582 ( 6 ) ... 240 

Branches to be taught in common schools. 247 ... 96 

Course of study prepared by school board. 17 (7) ... 34 

Current school fund applied exclusively to current use of. 760 ... 335 

Defined .1, 243 ... 93 

Id .art. 9 3 4 24 

Directors may make by-laws for government of. 583 . . . 252 

English language, to be taught in. 247 ... 96 

Free from sectarian influence. 418 ... 163 

High schools not common schools as to validity of normal diplo¬ 
mas . 162 7 71 

Included in public school system. 1 ... 28 

Kindergartens, free, in connection with. 633 ... 275 

Kindex-garten to be part of common school system. 635 ... 276 

Rules for, prescribed by state boai*d. 17 ( 7 ) ... 34 

contained in state manual. 6 (17) ... 29 

Schools included in. 1 ... 28 

State board to coordinate with institutions. 18 ... 37 

Subjects to be taught. 247 ... 96 

Univei*sities. colleges and special schools not included. 243 3 94 

COMMUNAL ASSEMBLY" PLACE—Erection of. 638 ... 278 

Board of supervisors to approve plans. 639 ... 278 

Doors to swing outward. 28 ... 38 

Under control of directors although built by popular subscription 

or donation . 638 3, 4 278 

COMMUNITY PURPOSES—Assembly place may be ei'ected. 638 ... 278 

Board of supervisors. 639 ... 278 

Limitation of expenditures. 613 ... 266 

School building, may be closed for summer. 582 139 249 

Use of school premises may be refused when they are not in con¬ 
dition for . 582 140 249 

use of school property for. 637 ... 277 

COMPLAINTS—Against parent for injury to school property. 352 ... 133 

Conpulsory attendance law, requisites. 360 1 138 

For revocation of certificate, how made. 307 . . . 117 

COMPULSORY ATTENDANCE—Age limits of. 353 ... 134 

At free government and state schools, age limits. 369 ... 141 

demand for . 370 . . . 141 

enforcement . 371 . ’ ] 142 

excuse and exemption from. 369 [[’. 141 

fines, disposition of. 373 . ’ ’ 142 

penalty for violation of. 372 !. 142 

Attendance at school required. 353 ... 134 

Attendance officers, appointment, duties. 356 !!! 137 

city superintendent may serve. 731 4 313 

may arrest without warrant. 357 ... 137 

0 not liable for costs. 364 139 

Children’s home, inmates subject to. 353 '14 134 

Children outside of district not exempted. 353 20 134 

Clerk shall report, penalty for neglect, etc.•. 361 .. 138 

Complaint, form of. 355 3 135 

Concurrent jurisdiction .. . . ’ 359 ... 133 

County attorney to prosecute. 360 . . . 138 


















































































Index 


423 


354 

377 

582 


COMPULSORY ATTENDANCE)—Continued. g ec 

County superintendent to issue notice. 361 

Employment of children forbidden, when—certificate required!!!’. 
Employment permits—judge may issue although child is not 
excused . ° 

Enforcement when pupils are transported to another district yo * 

Excuses and exemptions. 353 

county superintendent cannot refuse because district does'not' ’ 

hold nine months school. 353 

county superintendent has proper authority to excuse district * 

with one building. 353 

drinking water, lack of does not excuse. 353 

music lessons, excused for. 

religious instruction, pupils may not be excused for during 

school hours . 

transportation, lack of does not excuse. 


Note Page 
... 138 

... 136 

5 144 

148 249 

... 134 

22 134 



6 

134 


16 

134 


17 

134 


Fines, disposition of. 

Girls under eighteen years of age subject to'provisions‘ 01 , al¬ 
though married . 379 

Home instruction does not excuse, when. 353 

Indians, effect of act upon. 353 

In districts maintaining part-time schools—duty imposed on 

parents . 279 

eighteen years maximum age limit.274 

employment permits . 275 

exemptions .!! 274, 279 

penalty . 279 

Information, form of. 353 

Justice of the peace shall bind over truants. 357 

Military reservation—parents not subject to jurisdiction. 353 

Parents bound to cause children to attend school. 353 

Private school attendance permitted. 353 

Private schools—must be approved by county superintendent.... 353 

must be taught in English language. 353 

requirements . 353 

Truant schools, petition for commitment. 674 

Truancy to be reported. 358 

Union high school districts, enforcement in. 353 



12 

134 


fin 

134 


1 19 i 




139 


• • • 

139 


2 145 
( 2) 134 
118 } 

15 134 

... 108 
... 106 
... 107 

... J106 
X 108 
... 108 
4 134 

... 137 

10 134 

... 134 

... 134 

( 8 ) 134 

121 } 

9 134 

3 134 

... 293 

... 138 

13 134 


CONDEMNATION OF REAL ESTATE—(see also SITES; Eminent 

Domain)—Sites, condemnation of land for. 608,609 ... (265 

\ 266 

CONGRESS. ACTS OF—(see ACTS OF CONGRESS)—Smith-Lever 

act, farm development work under. 140 ... 64 

CONSOLIDATED DISTRICTS—(see also DISTRICTS). 

CONSTITUTION, STATE—State manual to contain outline of.... 6 (17) ... 29 

CONTAGIOUS DISEASES—Credit when school is closed by. 774 ... 343 

Regulations . 419 ... 165 

CONTINUATION SCHOOLS—(see VOCATIONAL EDUCATION) — 

Establishment . 271 .. . 105 

CONTRACTS—Actions on .*. 596 ... 262 

Bonds—(See also BONDS, CONTRACTORS’). 624 ... 268 

Building contracts of third class districts void unless approval 

of county superintendent has been obtained. 442 7 180 

Construction of, appeals taken to courts. 411 ... 162 

County attorney to draw up for directors and superintendents.... 590 ... 258 

Directors may not have pecuniary interest in. 584 ... 252 

District released when teacher’s certificate expires. 310 7 119 

Holder of renewable certificate may contract for full term ex¬ 
tending beyond the life of the certificate. 310 17 120 

Liability of districts on. 591 ... 259 

Payment on, may be stopped, when. 584 ... 252 

Required in first class districts for expenditures over $300. 659 ... 284 

Superintendent or principal in second class districts, may be for 

term of one or two years. 731 ... 317 

Teachers—certificate valid for full period of. required. 310 ... 119 

county superintendent to approve and register.. 440 (10), 582 (1) ... ( 174 

\ 240 

salaries when Christmas and New Years come within. 321 2 123 

written contracts required except in districts of the first 


Textbooks, district cannot question validity, when.. 402 4 156 


)240 

Violation as ground of revoking certificate. 307 ... 117 

Void if in excess of debt limitation. 787 ... 352 

CONTRACTORS’ BONDS—(see BONDS, CONTRACTORS’ for com- (268 

plete index) . 624-627 ... (.272 

























































424 


Index 


CONVENTIONS—County superintendents, state superintendent to 


County superintendent- 


CORPORATIONS— (see also MUNICIPAL CORPORATIONS) —- 
School districts shall not aid.art 8 

COUNTIES—Classification authorized for compensation of officers. 

. art 11 

Classification for payment of salaries. 436, 437 


Sec. 

Note 

Page 

6 ( 8 ) 


29 

438 


174 

6 (4) 


29 

7 


23 

5 


25 


Tax must be levied—limit. 
school census to be basi 
COUNTY ASSESSOR—Alteratio 


. 436, 437 


( 172 


1 173 

.... 462 


187 

11 4 


25 

.... 776 


344 

.... 777 


344 

to 



.... 466 


190 


Decisions of appeal to be reported to, when. 417 

Property to be assessed at fifty per cent of value. 784 

COUNTY ATTORNEY—(see PROSECUTING ATTORNEY)—At¬ 
torney for school districts. 589,590 

Compulsory attendance act, to act as attorney for complainant. . 360 

COUNTY AUDITOR—Alteration of boundaries, shall certify to as- 


164 

349 

258 

138 


sessor . 466 

Annual report to county superintendent. 852 

Audit accounts of school districts. 847 

Cancelled warrants, to verify treasurer’s statement. 856 (6) 

Census, county superintendent to certify to. 777 

County superintendent—receipt for property, to file with. 440 (8) 

salary withheld, when. 440 (11) 

to file report of institute expenses. 452 

County treasurer to report amount for apportionment. 856 (2) 

County treasurer to report funds annually. 856 (3) 

Deputy supervisor ex officio . 836 

Director, ineligible to hold office of. 515 

Duties relating to third class districts. 846 

auditing of accounts. 847 

warrants, countersigning and registration. 848, 852, 853 

issuance of . 845 


10 


190 

379 

378 

379 
344 
174 
174 
184 
379 
379 
375 
217 
378 
378 

378 

379 
377 


withheld for salaries when teacher’s final report has 

not been made . 851 


379 


withheld when purchase of apparatus has not been ap¬ 


proved by county superintendent. 850 ... 379 

withheld when teacher is not qualified or contract is 

not signed . 849 ... 378 

Examination of school districts, payment of expenses. 839 ... 375 

Joint district, transcript of boundaries. 509 ... 213 

Saturday teaching, may refuse to issue warrants for. 321 6 123 

Signatures of directors and clerks, filed with. 581 ... 239 

Tax levy for current state fund, certified. 761 ... 335 

Teachers, list of to be reported by county superintendent.... 440 (10) ... 174 

Teacher’s register, to draw warrant for payment. 440 (19) ... 174 

Teachers’ retirement fund, first class districts—register of war¬ 
rants, to be furnished with copy. 703 ... 302 

to be auditor. 684 ... 297 

Warrants—first and second class districts, registration of. 853 ... 379 

redeemed, to check. 854 ... 379 

registration of . 852 . . . 379 

report to county superintendent. 855 ... 379 

shall countersign and register. 848 ... 378 

shall not register, when. 850 ... 379 

to issue for second and third class districts. 845 . . . 377 

COUNTY BOARD OP EDUCATION—Appointment, members. 459 ... 186 

Compensation and expenses. 460 ... 186 

Eligibility . 460 . . . 186 

minor child of county superintendent not eligible. 459 1 186 

Expenses of members. 460 1 186 

Grammar school examinations—grading of manuscripts. 366-367 ... 140 

Members may not be called upon for routine clerical duties in 

superintendent’s office . 429 5 170 

Powers and duties—course of study, to assist in preparation of 461 (3) .. . 186 

grading manuscripts in grammar school examinations.... 461 ( 1 ) ... 186 

may adopt rules and x*egulations. 461 ( 4 ) ... 186 

textbooks for districts of second division, adoption of. 4 61 ( 2 ) ... 186 

Term of office. 459 _ _ igp 

Textbooks—adoption—period of. 406 !!! 159 

no maximum fixed. 406 16 T 59 

pernicious or partisan books may be excluded by directors in 

spite of adoption. 406 9 159 

rescission of adoption by county board. 406 12 159 

use continues for five years in districts which advance to 

first division . 403 3 157 

Vacancies, how filled. 459 jgg 










































































Index 


425 


Sec. Note Page 

COUNTY CIRCULATING LIBRARY—(see LIBRARIES). 453 ... 185 


COUNTY COMMISSIONERS—Alteration of district boundaries, levies 


to be made... 476 

Bonds—joint district, levy for bonds of. 805 

tax levy for interest and sinking fund. 804, 814 

Bureau of farm development—(see title BUREAU OF FARM 
DEVELOPMENT for complete index)—members, may appoint 

or serve as. 137 

Circulating library, bills of. 4 55 

tax levy for . 454 

Club work expert, may request employment. 138 

County school tax levy, made by. 776 

County superintendent, bond of—to fix amount. 4 20 

clerical assistance of, to approve employment. 429 

forfeiture from salary, when. 439 

new districts, to give notice of establishment to. 468 

notice of transfers, to give. 474 

report of fines collected. 422 

salary withheld, when. 4 40 (11) 

shall provide office and supplies for. 435,440 (7) 


shall report state of accounts of first class districts. 659 

vacancies, how filled. 429 

County treasurer, must make settlement with.•. 856 (6) 

Custodial school—report of defectives to. 230, 232 

Deaf and blind youth, report of. 214 

expenses, when borne by county. 216 

Deputies in county superintendent’s office, right to determine 

salaries ... 429 

Directors’ meetings, expenses of. 440 (17) 

Districts—county superintendent to certify boundaries and 

number . 4 83 

Duty to allow claim for circular issued by county superintendent. . 435 

Estimate of expenditures reported—first class districts. 664 

second class districts. 728 

third class districts. 745 

Feeble minded, applications to admit. 222 

expenses, when borne by county. 235 

report of . 230 

Institute fund, commissioners to allow from current fund. 4 51 

Sinking fund, to make levy for. 804 

levy for first-class districts. 664 

State custodial school—county superintendent to certify accepted 

applications to . 229 

State school for the deaf and blind—penalty for failure to per¬ 
form duties with reference to. 217 

COUNTY SUPERINTENDENT—Administrative officer of public 

school system . 2 

Alcohol, to enforce teaching of evil effects. 248 

penalty for failure. 249 

Annual convention of—attendance compulsory—expenses. 6 (8) 

Annual report—basis of state school tax. 760 

consolidated bonus forfeited when basis of apportionment 

is not shown. 440 

consolidated district not entitled to bonus to be reported.... 487 

failure to file may cause loss of apportionment. 440 

state superintendent may correct errors. 764 

superintendent of public instruction may modify to cor¬ 
rect error . 440 


to make to state superintendent—penalty. 440 (11 ) 

penalty for failure. 4 39 

Apparatus, approval required before issuance of warrant. 850 

Appeals—may not hear appeal to recover district moneys paid to 

directors . 411 

may not hear appeals from other counties at request of 

superintendent thereof . 411 

refusal of order transferring territory...411 

Apportionment—allowance when school is unavoidably closed.... 774 

certificate to county treasurer. 773 

county funds, manner of. 778 

county treasurer to report amount for. 856 

kindergarten attendance . £85 

notice to clerk. ”73 


power and duty concerning. 440 (14) 

shall make to districts, when.. 773 

withheld from district, when. 440 (20) 

when teacher is not legally qualified. 425 

Attendance, allowance for non-resident pupils upon default of 

c lerk . <67 

Attendance officer for third class district—may appoint assistants 356 
Attendance officers to report. 356 


196 

365 

364 

368 


64 

. .. 185 

. .. 185 

64 

... 344 

. .. 170 

. . . 170 

. .. 174 

... 191 

. . . 193 

. . . 167 

. .. 174 

. . . (172 
(1 74 
... 284 

. . . 170 

. . . 379 

91 
87 

87 

2 170 

. .. 174 

. .. 201 

3 172 

. .. 289 

. .. 310 

. .. 324 

89 

92 
91 

... 184 

. . . 364 

. . . 289 

90 

88 


28 

96 

96 

29 



335 

20 

178 


203 

17 

178 

1 

337 

16 

178 


174 


174 


174 


379 

5 

162 

12 

162 

9 

162 


343 


34 2 


344 


379 

. , 

276 


342 


174 


342 


174 


168 


339 


137 


137 








































































426 


Index 


COUNTY SUPERINTENDENT—Continued. Sec. Note Page 

Blind youth—clerk to report to. 213 ... 87 

to make record and enforce attendance. 215 ... 87 

Bond required of. 429 ... 170 


Buildings—approval of supervisors not required if use is to be 

for school purposes only. 442 0 180 

has no power to condemn. 442 5 180 

Census, certificate of. 77 7 ... 344 

basis for county tax. 776 ... 344 

in first class districts, secretary to report. 662 ... 288 

certificates, fees for, credited to institute fund. 293 ... Ill 

Id . 450 ... 183 

registration of . 294 ... 112 

county superintendent may refuse to register. 295 ... 112 

Charts, approval required before issuance of warrant. 850 ... 379 

Circulars, to determine necessity for issuance. 435 ... 172 

Circulating library—bills of, may certify. 455 . . . 185 

books purchased by... 458 ... 185 

books to be approved by state authorities. 457 ... 185 

clerical assistance allowed, when. 429 ... 170 

indebtedness, may not contract. 456 ... 185 

may establish . 453 ... 185 

rules, may adopt . 458 . . . 185 

county board to assist. 461 ... 186 

Clerks—furnished with certificates. 588 ... 257 

to make annual report. 587 (4) ... 255 

Community plans, approval—superintendent a member of com¬ 
mission . 639 ... 278 

Compensation, classification of counties authorized.art 11 5 ... 25 

Compulsory attendance—complaint made by. 440 5 177 

Contracts, approval relates only to form. 440 11 177 

failure to enforce, penalty. 362 ... 139 

notice concerning . 361 ... 138 

power to excuse. 353 ... 134 

report from clerk. 361 ... 138 

Contracts, to register. 294 . .. 112 

restrictions . 295 ... 112 

Convention, must attend—expenses. 6 (8) ... 29 

County auditor to make annual report to. 855 ... 379 

County board of education—appointment of— ex-officio chairman.. 459 ... 186 

County treasurer to report funds annually. 856 (3) ... 379 

Courses of study—county board to assist in preparation. 461 (3) ... 186 

to enforce . 440 (4) ... 174 

Deaf and blind youth, report of. 214 ... 87 

attendance at state school. 215 ... 87 

Deaf youth—clerk to report. 213 ... 87 

Defective youth, report of. 230 ... 91 

Deputy, appointment, qualifications, duties. 429 ... 170 

Directors—to hold meetings of-—expense not to exceed $100.. 440 (17) ... 174 

Directory of officers furnished to county treasurer. 441 ... 179 

Districts—(see title DISTRICTS)—adjustment of property, etc.. 475 ... 195 

alterations of boundaries, petition, notices, hearing. 474 . . . 193 

annexation to city district by extension of limits. 477 ... 197 

consolidated districts—designation of. 483 . . . 201 

director divisions, county superintendent to make. 483 ... 201 

disorganization of, causes for, procedure. 514 ... 215 

establishment of . 482 ... 198 

extension of city limits. 477 . . . 197 

adjustment of property, etc. 478 ... 197 

hearing for adjustment of property, etc. 479 . . . 197 

first class, shall examine records and accounts in. 659 ... 284 

report when not entitled to bonus. 487 . . . 203 

first class—poll sheets filed. 712 ... 305 

joint—adjustment of property, etc. 511 . . . 214 

boundaries, transfers, maps certified and filed. 509 ... 213 

certificate and oath, filing of. 506 ... 213 

vacancies, how filled. 507 ... 213 

directors, appointment of. 505 . . . 212 

certificate of election and oath, where filed. 506-507 ... 213 

notices and hearing. 504 ... 212 

petition for . 503 . ! . 212 

reports, to whom made. 513 ... 214 

transfers of territory, how made. 508 !!! 213 

vacancies, how filled. 507 ... 213 

new, petition for. 467 ..! 190 

adjustment of property, etc. 472 ! ! ! 193 

apportionment of funds between districts. ( 469 191 

. (471... 192 


indebtedness, adjustment of. 472 ... 193 

minimum size ... 465 ! . ’ iso 

notices, hearing,'establishment. 468 191 

























































































Index 


427 


COUNTY SUPERINTENDENT—Continued. 

Districts—- &ec. Note Page 

second class districts, oath of directors filed with. 724 ... 309 

vacancies in board, when declared, how filled. 723 ... 308 

size, requirements as to. 429 ... 170 

taxes, how credited. 471 192 

third class, apparatus and supplies, purchase approved by. 740 . .. 321 

directors, oath of office filed with. 737 ... 320 

plans for building, county superintendent to approve. . 442 ... 180 

vacancies, when declared, how filled. 736 ... 320 

union high school, formation of, initial procedure. 491 ... 206 

appeals from action of county superintendent. 499 ... 210 

designation and notice of. 492 ... 207 

organization of, notice to county superintendent. 494 ... 208 

withdrawal from district—adjustment of assets and 

liabilities . 500 . . . 210 

Election of . 429 . . . 170 

Elections—’Certificates and oaths delivered to. 527 ... 222 

certificate of, from first class districts. 712 ... 305 

change of date, petition. 521 ... 217 

poll sheets filed with. 526 . . . 221 

Eligibility to hold office. 432 . . . 171 

shall file evidence. 433 ... 172 

women may serve. 3 ... 28 

Employment permits, to keep record for third class districts. 277 ... 107 

Estimate of expenditure in second class districts, when to make. . . 728 ... 310 

in third class districts, when to make. 745 . . . 324 

Examinations, teachers to hold and give notice. 440 (15) ... 174 

when and where held. 303 ... 116 

Expenses, allowance for institute services in another county. 452 1 184 

Expenses, traveling, to be paid. 438 ... 174 

Extension courses—may not charge fee for summer school. 164 7 74 

Failure to deliver books to sviccessor, penalty. 424 ... 168 

Feeble-minded, application to enter state institution. 222 ... 89 

county superintendent to approve. 229,227 ... 90 

to enforce attendance. 234 ... 92 

to make annual report of. 230 ... 91 

violation of act concerning. 240 ... 92 

Fines, supervise payment of. 422 ... 167 

Funds—compensation of instructors of state higher institutions... 451 3 184 

may institute proceedings to prevent misapplication. 440 1 176 

Grammar school examinations, appointment of assistant examiners. 366 . . . 140 

penalty for disclosing questions. 421 . . . 167 

report results to state superintendent. 368 ... 141 

Heating, approval of plans for districts of the third class. 442 ... 180 

High school and non-high school districts—lists to be certified 

to county officers. 253 ... 97 

report of clerk. 254 ... 97 

state board to furnish copy of rules. 252 ... 97 

state board to certify lists of districts. 252 ... 97 

High school districts—certification of claims to county commis¬ 
sioners . 255 ... 98 

claims to be certified to county treasurer. 256 ... 99 

High school extension examinations—permission to take required.. 263 ... 103 

Husband may be employed in county. 731 5 318 

Hygiene, to enforce teaching of. 248 ... 96 

penalty for failure. 249 ... 96 

Institutes, teachers’—apportionment credit for. 448 ... 182 

arranged, when and how. 443 ... 181 

certificates of attendance. 448 ... 182 

estimate of expenses, to make. 451 . . . 184 

report of . 452 . . . 184 

fund, fees paid into. ( 293 ... Ill 

(450 ... 183 

joint arrangement for. 445 ... 182 

power to hold. 440 (16) ... 174 

time of, fixed by county superintendent. 444 ... 181 

Libraries—public libraries may not contract with for service. 641 3 279 

Narcotics, to enforce teaching of evil effects. 248 ... 96 

penalty for failure. 249 ... 96 

Normal extension work. 164 ... 73 

Oath of office. 429 ... 170 

to be filed with. 579 ... 239 

Office—commissioners to provide at county seat. 435 ... 172 

when opened—notice on door of. 434 ... 172 

Payment of fines, to enforce—report to commissioners. 422 ... 167 

Penalty for accepting bribe or unlawful remuneration. 427 . . . 169 

for failure to enforce act relating to state school for deaf and 

blind . 217 ... 88 

Permit officer for third class districts. 273 ... 106 

Physical education—to enforce course of study. 24 ... 38 

Plans of buildings of third class districts—approval. 442 ... 180 




















































































428 


Index 


COUNTY SUPERINTENDENT—Continued. Bee. Note Page 

Powers and duties enumerated. 440 ... 174 

administer oaths, when. 440 (9) ... 174 

administrative officer of school system. 2 ... 

annual report to state superintendent... 440 (11) ... 174 

penalty for failure to make. 439 ... 174 

appoint officers, when. 440 (13) ... 174 

apportion school funds. 440 (14) ... 174 

books, documents, records—to turn over to successor. 440 (8) ... 174 

directors’ meetings, to hold. 440 (17) ... 174 

distribute reports, laws, etc. 440 (3) ... 174 

enforce course of study. 440 (4) ... 174 

enforce laws governing erection of buildings, when. 440 (20) ... 174 

enforce rules in examinations. 440 (4) ... 174 

examination of teachers, to conduct. 440 (15) ... 174 

execute instructions of state superintendent. 440 (3) ... 174 

furnish registers and clerks’ record books. 440 (19) ... 174 

institutes or meetings, to hold teachers’. 440 (16) ... 174 

prepare course of study for third class districts, when. 440 (5) ... 174 

record of official acts, to keep. 440 (7) ... 174 

of district boundaries. 440 (12) ... 174 

to be turned over to successor. 440 (8) ... 174 

reports of state and county superintendent, to keep. 440 (6) ... 174 

of school officers and teachers, to preserve. 440 (8) ... 174 

supervise schools and enforce laws. 440 (1) ... 174 

suspend teachers, when. 440 (18) ... 174 

teachers’ contracts, to record. 440 (10) ... 174 

temporary certificates, to grant. 440 (15) ... 174 

visit schools, etc. 440 (2) ... 174 

Public school system, administrative officer. 2 ... 28 

Purchasing agent may act as. 435 2 172 

Records, distincts shown legally recognized. 462 ... 187 

Register and record books—may not demand cash in advance. 440 33 179 

Retirement fund—eligibility in first class districts. 681 ... 295 

state fund, eligibility. 322 ... 125 

Right to determine personnel. 429 2 170 

Salary—classification of counties. 436 ... 172 

amounts . 437 . . . 173 

forfeiture for failure to make report. 439 ... 174 

withheld, when . 440 (11) ... 174 

School census, shall certify to county auditor. 777 . . . 344 


State custodial school—all applications to be made through 
superintendent except in case of commitment by juvenile 


court . 229 

may administer oaths to applicants for admission. 228 

may apply for admission of youth. 222 

shall determine financial ability of applicant. 227 

to approve requests of parents or guardians to permit in¬ 
mates to visit homes. 237 

to enforce attendance—exceptions. (233 

I 234 

to make report of defective youth. 230 

violation of act concerning, penalty. 240 

State superintendent to decide points of law for. 6 (14) 


Supplies—approval of purchase by third class district required 

before registration of warrants...'. 850 

office—supplies, how paid for. 435 

Teachers—contracts to be filed. 849 

examinations, when and how held. 303 

notice of . 440 (15) 

papers and reports of, to transmit. 304 

penalty for disclosing questions. 421 

failure to make final report, warrant withheld. 851 

institutes and meetings, to hold. 440 (16) 

may not discharge except upon appeal. 582 

must report to, except. 294 

registers, to supervise. 441 

to supply to clerk. 587 (7) 

suspension . 440 (18) 

to keep record of. 440 (10) 

teaching of hygiene and effects of alcohol. .. . . . 24 8 

failure to enforce, penalty. 249 

Teaching in his own county prohibited. 429 

Term of office. 430 

ineligible for more than two terms in succession. . . . art. li 7 

part of term under appointment not counted. . . . art. 11 7 

Textbooks, may handle, when. 407 

Traveling expenses to be allowed.'‘ 438 

Vacancies, how filled . 429 

Ventilation—approval for districts of third class. !..!!! 442 

Victory and admission day—to aid in observance. 401 

Warrants, may restrain payment when directors have pecuniary 

interest . . 440 


90 

90 

89 

90 

92 

91 

92 

91 

92 

29 

29 

... 379 

. .. 172 

... 378 

... 116 
.. . 174 

... 116 
... 167 

... 379 

. . . 174 

69 244 

... 112 
. . . 179 

. . . 255 

... 174 

. . . 174 

96 

96 

4 170 

... 171 

25 

1 25 

... 160 
... 174 

. . . 170 

... 180 
. . . 156 

2 176 





















































































Index 


429 


SeCt Note 

COUNTY TREASURER—Annual report. 856 

Apportionment and transfer of funds. .!!!!!!!!!!! . 257 

county superintendent to certify result...........! . 773 

joint districts ..!!! 5 iy 

Bonds, school districts, advertisement for bids on. *.!*.".!!!".!"* 800 

delivery of . !!.!!! 801 

incidental expense, how paid. .!.!!!!!!!!!!!!!!! 811 

indorsement . !!!!!!!!!!! 800 

interest must be paid. ...!!!!!!!!!!!!!!!!! 800 

issued for validation of indebtedness. !!!!.!!!!!!!! 793 

advertisement, bins, interest rate. 794 

joint districts—receipts credited to. 805 

registration . ! g00 

notice of holders to. -..!!!!!!! 810 

notice to holders of bonds. !!!'.!!! *.8io, 812 

outstanding, purchase and redemption of. ’ 804 

redemption of . 812 

registration of . .!..!!!!.!! 800 

other officer may be designated. !...!!!! 821 

sinking fund, custodian of. !.!.!!!. 804 

Clerk to repor-t warrants drawn. 587 (8) 

County auditor to make annual import. 854 

Current state school funds, receipt for, to report. 761 

fines, etc., transferred to credit of. 762 

Districts—funds to be transferred quarterly. 510 

new, transfer of funds to. 471 

Duties of, enumerated. 856 

annual report . 856 (3) 

apportionment, to certify amount for. 856 (2) 

cancelled warrants, report of. 856 (6) 

ex-oflicio treasurer of school districts. 856 

moneys, receive, hold and pay out. 856 (.1) 

monthly reports to school districts. 856 (5) 

register warrants . 856 (4) 

remit moneys . 856 (7) 

Emergency resolution of first class districts filed with. 829 

Examination fees, how credited. 450 

Expenses of county superintendent, to pay. 435 

Fines for abusing teacher, to transmit. 320 

for disclosing examination questions, to transmit. 421 

for disturbing school, turned over to. 426 

for failure of officers to turn over property. 424 

for maltreatment of pupils, to transmit. 314 

for misappropriation of school funds, transmitted to. 422 

for non-attendance at free government schools, how credited. . 

Fire drills, fines for failure to hold paid to. 

High school district fund—county superintendent to certify 
amount of claims. 


373 

30 


256 

transfer of claims to district. 257 

255 

257 


to segregate . 

transfer to other counties. 

Ineligible to serve as director. 515 

Joint districts, transfer of funds. 510 

transfers to be certified to. 509 

Moneys received from county superintendent, remitted. 440 (19) 

Monthly statement to each district. 856 (5-6) 

New district, to transfer taxes to credit of on order of superin¬ 
tendent . 471 

Permanent insurance fund, may invest. 668 

Recoveries for loss to district, to credit to general fund. 423 

Registration of warrants for districts of the third class. 852 

for first and second class districts. 853 

Shall refuse to honor warrants for failure to teach hygiene. 248 

Teachers’ registers, county superintendent to turn over 

moneys . 440 (19) 

Teachers’ retirement fund—first class districts—bonds deposited 


Page 

379 

99 

342 

214 

362 

363 
367 
362 

366 
355 
355 
365 
362 

367 
367 

364 
367 
362 
370 
364 
256 
379 

335 

336 
214 
192 
379’ 
379* 
379’ 
379* 
379- 
379 
379 
379 
379 
372 
182 
172 
123- 

167 

168 
168 
121 
167 
142 

39 

99 

99 

98 

99 

; 216 
214 
213 
174 
379 

192 

292 

167 

379 

379 

96 

174 


with . 

register of warrants, to be furnished with copy 

reports to trustees. 

to be treasurer for in first class districts. 

To remit damages to district for injury to property. 

Tuition, transfer of by district officers. 

Vivisection penalties paid to. 

Warrants, cancelled, statement of. 

interest on, etc. 

issuance for first class districts. 

monthly settlement of redeemed warrants. 

registration of . 

book for . 

shall refuse to pay on notice, when. 

to fix rate of interest on. 


. . 694 

. . 703 

. . 692 

. . 684 

. . 352 

. . 630 

27 

856 (6) 
856 (4) 

. . 656 

. . 854 

. . (852 
{ 859 
856 (4) 

. . 248 

. . 858 


309 

302 

299 

297 

133 

273 

38 

379 

379 

282 

379 

379 

389 

379 

96 

382 




















































































430 


Index 


Sec. Note Page 


COURSE OF STUDY—Accredited higher institutions—state board of 

education to approve. 17 (2) 

Alcohol and narcotics, effects to be taught. 247 

American history and government required for high school grad¬ 
uation . 262 

Bible study, furnishing of outline prohibited, when.art. 1 11 

Common schools, branches to be taught. 247 

County board of education to assist in preparation. 461 (3) 

change prohibited, when.. 402 

County superintendent shall prepare course for third class dis¬ 
tricts . 440 (5) 

shall enforce . 440 (4) 

Curriculum in first class districts not to be enlarged after adop¬ 
tion of preliminary budget. S24 

Directors to enforce. 582 (2) 

Failure to enforce, penalty. 316, 425 

Graduate work 1 , where offered. 42 

Grammar grades, state board to outline. 17 (7) 

High school extension examinations. 263 

High schools, state board to outline. 17 (7) 

In districts of first division. 405 

of second division. 406 

In first class districts, board may prescribe, consistent with. . . . 662 (2) 

In state training school. 193 

Institutions of higher learning—normal training departments, in¬ 
spection and accreditation. 17 (6) 

Institutions of higher learning—state board of education to ap¬ 
prove . 17 (2) 

Kindness to animals to be taught. 247 

Major lines defined—higher institutions. 41 

Moral and patriotic education. 315 

penalty for failure to teach. 287 

Normal training departments—state board of education to ap¬ 
prove . 17 (2) 

Parental schools . 672 

Part-time schools—adoption of rules and regulations governing. . . 283 

approval by state board. 278 

Primary grades, state board to outline. 17 (7) 

Pupils in common schools shall pursue. 351 

State board of education to prepare outline. 17 (7) 

may prescribe additional subjects. 247 

State college of Washington—department of education, state 

board of education to approve. 17 (2) 

major lines . 44 

State institutions and common schools, state board to co-ordinate. . 18 

State manual to contain. 6 (17) 

State normal schools—extension work. 164 

state board of education to approve. 17 (2) 

State superintendent shall prepare and print. 6 (3) 

State training school. 193 

Subjects taught in common school enumerated. 247 

Teacher to enforce. 319 

Union high schools. 496 

United States history to be taught in common schools. 247 

University of Washington, department of education—major lines 

—exclusive . 43 

joint . 48 

medicine to be taught exclusively. 45 

state board of education to approve. 17 (2) 

Vocational education . 270 


34 

96 

, . 103 

1 19 

96 

. 186 
1 156 

. 174 

. 174 

. 371 

. 240 

. 122 
41 
34 

. 103 

34 

. 158 

. 159 

. 288 
82 

34 

34 

96 

41 

. 121 
. 109 

34 

. 293 

. 109 

. 107 

34 

. 133 

34 
96 

34 

41 

37 

29 

73 

34 

29 

82 

96 

123 

209 

96 

41 

42 
41 
34 

105 


COURTS—(see also JUVENILE COURT LAW)—Appeals from de¬ 
cisions of school officers. 415 . . . 163 

Appeals from school officers to superior court. 411 ... 162 

Juvenile court law. 380 . . . 146 

Removal of officers for refusal to keep prescribed accounts and 

make reports . 843 ... 37(5 

CRIMES—Compulsory attendance act violations, jurisdiction. 359 ... 138 

Conviction, ground for election contest, when. 550 . . . 230 

Conviction of infamous crime disqualifies voter. 519 . . . 217 

Conviction vacates office. 580 . 239 

Delinquency and dependency defined. !!.!! 379 . 145 

Ground for commitment to training school, except murder or 

manslaughter . 172 ... 75 

Ground for revocation of teacher’s certificate.! . . ! 307 . ! ! 117 

Parental schools, bar to admission. 674 ’ . ’ 293 

Proceedings under juvenile court law.j ’ 390 * ‘ ‘ 450 

Warrant for commitment to training school, except murder, man¬ 
slaughter or highway robbery. 191 ... 81 

CURRENT STATE SCHOOL FUND—(see also REVENUES, 

SCHOOLS)—State tax—must be exclusively applied to support 

of common schools. art. 9 2 . . . 23 




































































Index 


431 


CURRICULUM—(see COURSE OF STUDY)—Common branches. . . 
First class districts, enlargement after adoption of budget pro¬ 
hibited . 

Study of American history and government required in high 
schools . 

DAMAGES—(see also ACTIONS)—Liability of parents for injury to 

school property .. 

Liability of district for playground accidents. 

DANCE HALLS—Admission of minors, penalty. 

DANCING—Use of school premises for. 

DAY—School day defined. 


Sec. Note Page 


primary grades . 

DEAF—(see also STATE SCHOOL FOR BLIND AND DEAF)- 

Clerk to report to county superintendent. 

county superintendent to enforce attendance. 


departments for 
school for deaf. . 


State 

DEBTS—(see INDEBTEDNESS)—Liability of districts for. 

DECISIONS—(see also APPEALS)—Appeals from decisions or 
ders of officers and boards. 


or- 


DEEDS—Execution in first class districts. 

Power of directors to make. 

DEFECTIVE YOUTH—(see STATE CUSTODIAL SCHOOL)-—Cen¬ 
sus in first class districts, enumeration. 


Clerks to report to county 


Credit for attendance.. 
Education, county superi 
Parents to send to state 


. . 247 

... 

96 


. . . 

371 



103 



133 

. . 594 

. • . 

260 

. . 374 

1331 

142 

.. 582 j 

136 
. 138 J 

249 

. . 246 


95 

. . 278 

• • • 

107 

. . 246 


95 

. . 213 


87 

. . 215 


87 

661 (4) 


285 

. . 207 


86 

. . 591 


259 

. . 410 


161 

6 (14) 

• . . 

29 

. . 663 


289 

. . 605 


264 

. . 662 


288 

587 (3) 

• • • 

255 

230, 231 


91 

230, 232 


91 

. . 230 

• • • 

91 

. . 770 

2 

341 

. . 233 

• • 

91 

. . (233 

• • • 

91 

1 234 

. . . 

92 


(4) 


Schools and departments, establishment in first class districts.. 661 
pupils not required to be reported by clerk before attendance 

may be credited..,*. 661 

DEGREES—State normal schools cannot confer. 162 

State college may grant. 132 

University of Washington may grant. 60 (3) 

DELINQUENT AND DEPENDENT CHILDREN—Ground for com¬ 
mitment to state school for girls. 199 

Who are included in term. 379 

DEPARTMENT OF LABOR AND INDUSTRIES—Record of employ¬ 
ment permits . 277 

DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION—Ap¬ 
pointed by state superintendent—qualifications and duties. 7 

Retirement fund, eligibility to membership in first class district 

funds . 681 

Secretary of state board of education. 15 

DIKES AND DRAINS—School district lands subject to eminent 

domain . 603 

DIPLOMAS—Eighth grade certificates of promotion. 365 

Revocation, unpatriotic conduct sufficient ground for. 287 

Signatures and contents. 151 

State college of Washington. 132 

State normal schools—specified. 162 

Superintendent of public instruction to issue or countersign.290 

University of Washington. 


60 (3) 


5 

13 


DIRECTORS, BOARD OF—Accounts—to audit. 587 (5) 

Administrative officers of school system. 2 

Adults, may permit attendance of, when. 630 

Alien teachers, penalty for knowingly employing. 288 

Alteration of district boundaries, may petition for, when. .. 474 

Annual income, contracting of indebtedness in excess of forbidden. 780 

Appeals from . 410 

Attachment upon failure to satisfy judgment. 509 

Attendance of non-resident pupils, agreements concerning. 7 66 

Attorney for .....,. 

Bonds—(see also title BONDS)—may issue, when. 798 

moneys in bond redemption fund remain property of com¬ 
ponent district . 488 

moneys received by component district cannot be taken over 

by consolidated district. 488 


285 

286 
73 
63 
45 

83 

145 

107 

32 

295 

33 

264 

139 

109 
69 
63 
71 

111 

45 

255 

28 

273 

110 
193 
346 
161 
263 
339 
258 
357 

204 

204 































































432 


Index 


DIRECTORS, BOARD OF—Continued. Sec. 

Bonus—districts formed under old law entitled to bonus. 488 

new district not entitled to credit for attached territory, when. 487 

Bribe, penalty for acceptance. 427 

By-laws—may exclude pupils arriving at six years of age after 

beginning of term. 583 

teacher, duties during noon hour may be prescribed. 583 

voting at special meetings, may prescribe manner. 583 

Common schools, to control. 243 

Community purposes, buildings for—limitation of expenditures.... 640 

Compensation forbidden, except. 584 

Condemnation for school site, power. 608 

proceedings . 609 

[483 

Consolidated districts, board in. ■{ 485 

(.486 

organization of board and election of clerk. 4 85 

Contests of election, ground for. 550 

Contracts, teachers’ . 582 

County superintendent, to counsel with. 440 (2) 

to give notice of hearing to, after extension of city limits. 478 

to hold meeting of. 440 (17) 

to see that laws are observed by. 440 (1) 

County treasurer not eligible. 856 

Divisions for election in consolidated districts. 4 83 

Elections—(see also title ELECTIONS)-—annual elections. 515 

Id . 521 

candidate may not serve as judge of an election. 526 

canvass of vote for validation of indebtedness. 792 

contest of . 550 

in class A and first class counties. 531 

in port district containing first class school district not in 

class A or first class county. 543 

may change hours of voting. 522 

may submit questions to voters. 522 

polling place, may designate when. 521 

propositions to be submitted to county election board in class 

A and first class counties. 539 

validation of indebtedness, to prescribe ballot form for. 791 

Eligibility . 515 

county auditor ineligible. 515 

directors of corporations not ineligible. 515 

must be citizen and elector of district. 516 

postal employees may serve. 515 

prosecuting attorney ineligible. 515 

two members of same family may serve. 515 

Examinations, adoption of rules governing. 318 

Expenses paid, when. 584 

Failure to act. right of appeal from. 410 

Fire drills, publication of laws regarding. 31 

First class districts—absence from meeting vacates office. 658 

appropriations, how made. 659 

attendance, majority of members may compel. 658 

auditing committee . 659 

bids, shall advertise for, when. 660 

bonds, for validation of indebtedness, signature and seal. 793 

budgets—(see title BUDGETS for complete index)—pre¬ 
liminary budget, adoption. 823 

buildings, erection of, limitations. 664 

contracts required for expenditures, when. 659 

county superintendent to examine records and accounts. 659 

course of study, to direct publication. 405 

deeds, execution of. 663 

defective youth, schools for. may establish. 661 (4) 

estimate of expenditures, shall make. 664 

flag, United States, shall procure and display. 628 

penalty for failure. 629 

industrial schools, may establish. 661 (4) 

insurance fund, may create. 666 

investment of funds. 668 

may make levy for. 667 

janitors, to be elected by roll call. 649 

kindergartens, may establish. 661 (4) 

free, power to establish. 633 

meetings, regular and special. 654 

may compel attendance of members. 658 

shall be public, except. 654 

milk, may furnish free. 669 

moneys paid out, how. 656 

night schools, may establish.•. 661 (4) 

nomination by petition .. 708 

number of members. 646 

oath of office, filing of. 648 

office of . 655 

organization . 648 


Note Page 
1 204 

1 204 

... 169 

2,7 252 

6 252 

4 252 

93 

... 279 

... 253 

... 265 

... 266 

201 
... 203 

... 203 

... 230 

... 240 

. . . 174 

... 197 

... 174 

. . . 174 

2 380 

... 201 
... 216 
... 217 

4 221 

... 354 

... 230 

... 224 

... 228 
... 218 
... 218 
... 217 

... 227 

... 354 

... 216 

10 217 
2 216 

... 217 

13 217 

8 217 

11 217 

... 122 
... 252 

... 161 

39 

... 284 

... 284 

... 284 

... 284 

... 284 

... 355 

... 370 

... 289 

... 284 

... 284 

... 158 

... 289 

... 285 

... 289 

... 272 

... 272 

... 285 

... 292 

... 292 

... 292 

... 282 
. . . 285 

... 275 

... 283 

... 284 

.. . 283 

... 292 

... 283 

... 285 

... 304 

... 281 
... 282 
... 283 

... 282 






















































































Index 


433 


J >IRECTORS, BOARD OF—Continued. 

First class districts— ’ Sec Notc 

parental schools—(see title PARENTAL SCHOOLS for com¬ 
plete index)—establishment. 670 

powers—-adopt and enforce rules and regulations. 661 (4) 

architects, attorneys, etc., may employ. 661 (6) 

bonds of employees, may require..... 661 (11) 

by-laws, may make. ' 661 (3) 

city superintendent, may employ. !!!!!!!!!!!!!! 661 (1) 

may employ assistant city superintendents....!..’ 661 (7) 

course of study, may prescribe. 661 (2) 

establish night, high, kindergarten, industrial schoois, 

etc... 661 (4) 

fix length of term and time for dismissal. 661 (5) 

maintain shop and repair department. 661 (9) 

medical inspector, appoint. 661 (13) 

prohibit secret fraternities. 661 (12) 

supexwisors, may employ. !..!!!. 661 (8) 

teachers and janitors, may employ. 661 (5) 

textbooks, free, and supplies, may provide, when.... 661 (10) 

transportation of children, may provide. 582 (11) 

vaccination, may not require against will of parents 

or guardian. 661 (13) 

president, election of. 648 

duties of.! ! . '. 650 

signing of bonds. 793 

signing of deeds.. ! 663 

signing of warrants. 656 

property—conveyances of property, how made. 605 

may sell, when. 663 

powers over . 464 

shall have custody of. 605 

quorum . 658 

recall, number of signatures required. 570 

records open to inspection. 655 

shall be delivered to successors. 585 

reports required by county superintendent. 441 

retirement fund, may make tax levy for deficiency. 706 

school census, shall cause to be taken. 662 

school law, shall receive copy of. 6 

secretary—census, to furnish copy to superintendent, princi¬ 
pal or teacher. 35 8 

duties . 652 

election of. 648 

salary .. 648 

shop and repair department. 659, 660 

sites, purchase of, limitation. 664 

tax levy, how made. 664 

limit with and without vote. 665 


Page 

292 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

285 

240 

285 

282 

282 

355 

289 

283 
264 
289 
188 
264 

284 
235 
283 
254 
179 
303 
288 

29 

138 

283 
282 
282 

284 
289 
289 
291 


teachers—contracts to be written except in first class dis¬ 


tricts . 582 (3) 

retirement fund—(see also TEACHERS) 

establishment-—two directors to be trustees. 683 

to be elected by roll call. 649 

term of office. 648 

textbook commission, two directors to be members. 403 

vacancies—how created. 658 

how filled. 657 

Id . 648 

validation of outstanding indebtedness, duties of board. 796 

vice-president, duties of. 651 

vouchers, to be preserved—taxpayers may inspect. 655 

warrants, issuance of. 656 

when second or third class district becomes first class dis¬ 
trict, constitution of board. 64 6 

Flag 1 , duty to procure and display. 628 

penalty for failure or refusal. 629 

Holidays, power to dismiss school. 321 

Indebtedness, shall not exceed income without vote. 7 80 

Janitors, directors may not be employed. 584 

Joint districts—appointment of board in. 505 

reports, to whom made. 513 

vacancies, how filled. 507 

Laborers, employment. 582 ( 3) 

Land, may condemn for site.. • 60S 

Leases, may make. 582 (5) 

Liability—for dismissal of school on victory and admission day. . . 400 

Mechanics, power to employ. 582 (3) 

Meetings—clerk to give notice. 587 (6) 

county superintendent may hold. 44 0 ( 1 7) 

expenses of attendance. 584 


New district, appointment void when school is not established 

.. . 469, 440 (13) 


240 

296 

282 

282 

157 

284 

284 

282 

356 

283 

283 

283 


1 

4 


1 


f 22 
l 29 


281 

272 

272 

123 

346 

253 
212 
214 
213 
240 
265 
240 
156 
240 
255 
174 

254 

















































































434 


Index 


DIRECTORS, BOARD OF—Continued. 


Sec. Note Page 


Night schools, may establish. 582 (12) 

Non-resident pupils, may make arrangements for attendance. 630 

Oaths—contents . 579 

county superintendent to administer to without charge. 440 (9) 

filing of. S 441 

| 579 

may administer, when. 579 

Organization of board.*. 738 

clerk to notify county superintendent of change. 586 

Part-time schools, power to establish. 27 8 

issuance of employment permits. 275 

reports of employers to. 276 

to keep record o'f permits. 277 

Pecuniary interest—children of, may not be employed as janitors. . 582 

contract with company in which husband of director is in¬ 
terested forbidden . 584 

effect on contract of district of employment of director of 

public service corporation. 584 

may not be employed to transport own children. 582 

mother of director, employment. 5 84 

supplies, director employed by firm is indirectly interested.... 584 

Penalty for accepting bribe or unlawful remuneration. 427 

Petitions, action upon. 582 

Physical education, to enforce courses. 24 

Picnic, no authority to purchase supplies. 727 

Powers and duties of board and clerk—union high school. 497 

Powers and duties of, enumerated. 582 

commencement exercises, expenditures for. 582 (7) 

contracts with teachers must be made, how. 582 (1) 

enforce rules and course of study prescribed. 582 (2) 

establish and maintain night schools. 582 (12) 

exclude immoral and pernicious literature. 582 (9) 

exclude pupils under six years of age. 582 (6) 

janitors, laborers and mechanics, employment. 582 (3) 

purchase personal property and receive real property. 582 (5) 

require pupils to be furnished with books. 582 (8) 

school houses, may rent, repair and insure. 582 (3) 

to be heated, etc., and premises kept sanitary. 582 (4) 

school rooms, use of. 582 (10) 

teachers, may employ or discharge, etc. 582 (1) 

transportation, power to provide. 259,582 (11) 

agreements between districts. 582 (11) 

Property—complaint against parents for injury. 352 

may not lease for private ball park. 637 

Pupils— 

eighth grade graduates may be refused admission for review 365 

Qualifications—must be citizen and elector. 516 

women eligible. 3 

Recall—charges, how stated—where filed.. 563 

elections, how called—notices. 571 

returns, canvass . 574 

petitions—canvass—destroyed, when. 571 

check against registration books. 569 

check by director or other officer. 567 

contributions and expenditures, statement to be filed.... 570 

form of . 566 

prosecution for illegal signatures. 572 

signatures, number required. 570 

size of. 568 

Relatives—may be employed to teach school. 584 

Removal . 648 

Resignation, action of board not necessary.. 723 

School houses and sites, vote required. 746 

Second class—clerk, election and removal. 725 

election . 721, 722 

estimate of expenditures, shall make—tax levy. 728 

teachers, elected when. 744 

vacancies, how caused and filled. 723 

failure to take oath vacates office. 724 

vouchers, approval of. 845 

Signatures to be filed with auditor. 581 

Single board to govern each district. 462,463 

Supplies and apparatus, etc., to furnish. 740 

Suspension of pupils to be reported to. 313 

Taxes—(see TAXATION) 

Teachers—liability for illegal employment. 4 24 

must be employed by written order. 310 

salaries, may fix or alter. 582 (1) 

salary withheld for failure to keep register. 317 

to deduct retirement fund dues from salaries. 332 


. . . 

240 


273 


239 


174 


179 


239 


239 


320 


255 


107 


107 


107 


107 

' 83 

245 

19 

254 

14 

253 

158 

250 

27 

254 

28 

254 


169 

*79 

245 


38 

* 12 

310 


209 


240 


240 


240 


240 


240 


240 


240 


240 


240 


240 


240 


240 


240 


240 


f 100 
1240 


240 


133 

'ii 

277 

l 

139 


217 


28 


233 


236 


237 


236 


235 


235 


235 


234 


236 


235 


235 

’ *3 

253 


282 

’ 3 

309 


327 


309 


308 


310 


323 


308 


309 


377 


239 


187 


321 


121 


168 


119 


240 


122 


127 






















































































Index 


435 


DIRECTORS, BOARD OF—Continued. 


Sec. Note Page 


Term of office in class A and first class counties. 534 

in other counties in port district containing district of first 

class . 544 

Textbooks, to require use of those lawfully adopted. 403 

Third class—building plans, approval of county superintendent 

required . \ 442 

l 747 

penalty for failure to obtainf. 775 

clerk, election and removal. 738 

election and number of. 734 

elections, regular, when held. 735 

estimate of expenditures, shall make. 745 

orders for issuance of warrants. 848 

property may sell under contract. 605 

sale at auction or upon sealed bids not required. 605 

supeifintendent, election and powers. 742 

surety bonds, must require of building contractors. 624 

vacancies—elections to fill. 734 

failure to take oath vacates office. 737 

when declared, how filled. 736 

vaccination, may not require as condition to school membership 419 
Union high school district—clerk to notify county superintendent 

of organization . 4 94 

Vacancies—created, how . 580 

how filled . 44 0 (13) 



226 


229 


157 


180 


330 


343 


320 


319 


319 


324 


378 

■L, u 

265 

3 

265 

. • • 

323 

18 

270 

• • • 

319 

• • • 

320 


320 

‘ ‘7 

165 


208 


239 


174 


removal from one division of consolidated district to another 

does not vacate office. 

Vaccination, rules of state board of health binding upon. 

unvaccinated pupils may be excluded in emergency. 

Victory and admission day, may not dismiss school. 

Voting machines, state board to certify report. 

Vouchers, approval required in second and third class districts 

Warrants, exchange for bonds, may regulate. 

Wider use of school property for community purposes. 

DIRECTOR OF BUSINESS CONTROL— 

State custodial school—admission, application form. 


non-residents, admission . . 
under tuition fee, when 


one for each school 

direction of . 

number of employees in 
reports from county sup« 
State school for girls—bond < 


State training school—assistants and employees, to 


DIRECTOR OF TAXATION AND EXAMINATION—(see also 
SION OF MUNICIPAL CORPORATIONS) — 

Division of municipal corporations, powers. 

Duties and powers of bureau of inspection transferred to 

Duties and powers of state auditor transferred to. 

Officers to report to. 

accounts, failure of officers to keep in prescribed form. 

State examiners, authority for appointment. 

Uniform system of accounting, to install. 


DISEASES—Contagious diseases bar to school attendance. 

DISSECTION, Permitted, when. 

DISTRICTS, Accounting, uniform system for. 

Actions against—(see ACTIONS). 

services of process must be had on clerk. 


... 483 

9 

202 

. . . 419 

3 

165 

. . . 419 

9 

165 

. . . 400 

1 

156 

. . . 549 

. « . 

230 

. . . 845 


377 

... 802 


364 

... 637 


277 

... 228 


90 

230, 232 


91 

. . . 221 


88 

... 228 


90 

. . . 224 


90 

... 226 


90 

f 



... 212 


87 

... 209 


86 

... 207 


86 

... 208 


86 

... 209 


86 

... 214 


87 

. . . 197 


83 

. . . 198 


83 

. . . 196 


83 

. . . 198 


83 

. . . 196 


83 

. . . 196 


83 

. . . 203 


84 

e 



. . . 182 


79 

. . . 179 


78 

... 185 


79 

. . . 192 


82 

. . . 188 


80 

ISO, 181 


79 

... 840 


375 

... 840 


375 

... 840 


375 

... 842 


376 

i It V 843 


376 

... 844 


377 

. . . 841 


375 

6 (ID 


29 

. . . 419 


165 

26 


38 

. . . 841 


375 

. . . 596 


262 

... 464 

i 

189 













































































436 


Index 


DISTRICTS—Continued. Bee. Note Page 

Alteration of districts—adjustment of assets and liabilities. 474 ... 193 

adjustment of property. 4 75 ... 195 

appeals, decision does not preclude subsequent transfers. 474 6 194 

bonds not to prevent. 463 ... 187 

contiguous territory, separation by body of navigable water.. 474 15 195 

county auditor to certify action involving. 466 . .. 190 

extension of city limits, effect. 477 ... 197 

failure of county superintendent to make report does not 

invalidate proceedings, when. 475 10 196 

hearings to be held and notice given. 474 ... 193 

petitions—departures from by county superintendent. 474 1 194 

head of family defined.f 474 8 194 

X 17, 18 195 

majority of all heads of families required. 474 3 194 

transfer from consolidated district prohibited for five years.. 482 ... 198 

Annexation, made without petition, when. 514 ... 215 

Annexation to city district by extension of limits. 477 . .. 197 

Annual reports required. 842 ... 376 

Appeal bonds not required of. 600 ... 263 

Attachment . 599 ... 263 

Attendance of children outside of, credited how. 766 ... 339 

from outside, directors may permit. 630 ... 273 

Attendance, minimum credit in apportionment. 765 ... 338 

Attorney for . 589 ... 258 

Automobiles owned by, registration. 631 ... 275 

Ball park, joint ownership unlawful. 582 111 247 

Bonds—(see also BONDS)—bonds issued, not to prevent forma¬ 
tion, alteration or combination. 463 ... 187 

contractors’—(see also CONTRACTORS’ BONDS). 624 ... 268 

issuance by . 798 ... 357 

Boundaries—(see also BOUNDARIES)—may be corrected 

how . 440 (12) ... 174 

county superintendent to keep record. 440 (12) ... 174 

Cities—boundaries, extension or change, effect.( 463 ... 187 

X 477 ... 197 

consolidation of cities, effect. 463 ... 187 

employing more than 100 teachers, may hold teachers’ 

institute . 446 ... 182 

incorporated, each to constitute one district. 463 ... 187 

f 645 ... 281 

Classification . < 720 . . . 307 

L 733 ... 319 

change to first class, how effected. 646 ... 281 

procedure . 462 3 187 

Community hall, erection authorized. 638 ... 278 

Community plans, approval.( 639 ... 278 

l 640 ... 279 

Community purposes, use of plant for. 637 ... 277 


Consolidated districts—any two or more contiguous or adjacent 

districts of second class may form. 463 ... 187 

apportionment, considered as one district. 488 ... 204 

bonds not to prevent formation. 463 ... 187 

bonus . 488 ... 204 

not entitled to, when. 487 ... 203 

changes prohibited within five years from consolidation. 482 ... 198 

city districts, when consolidated. 486 ... 203 

clerk, election of. 485 ... 203 

corporate existence of component districts, retained when.... 4 89 ... 205 

current funds in excess of indebtedness, entitled to. 488 ... 204 

definition . 481 . . . 198 

designation, number and boundaries of. 483 ... 201 

directors, board constituted, how. 484 ... 202 

divided into directors’ districts. 483 ..! 201 

establishment . 482 ... 198 

funds, county superintendent to transfer upon establishment.. 488 !!! 204 

notice of special election. 482 ... 198 

number to be different from that of component districts. 483 !!! 201 

organization of board. 485 ... 203 

petition, requisites. 482 !!! 198 

property of former district belongs to. 4 88 ! * 204 

superintendent may act as clerk. 485 . .. 203 

Contracts in excess of debt limit void. 787 359 

Corporate powers .‘ 464 ‘ * isg 

Corporations, shall not aid.art. 8 7 22 

County auditor to audit accounts.851 * 379 

County district defined... 462 !!! 187 

County treasurer to receive, hold and pay out moneys for. 856 (1) **' 379 

Debts, liability for. 691 259 

Depopulation, cause for disorganization.." 514 215 

Designation . 462 ! !! 187 

Detached territory, liability for indebtedness. 471 ' 8 193 















































































Index 


437 


DISTRICTS Continued. Sec. Note Page 

Disorganization—adult attendance not to be counted to meet re¬ 
quired number of pupils. 514 19 216 

attendance of resident pupils outside of district not to be 

counted in determining average daily attendance. 514 15 215 

average daily attendance computed on basis of actual school 

v J term. 514 17 216 

based on average daily attendance of preceding year. 514 16 216 

causes for . 514 t . . 215 

contract of teacher does not prevent.. i 514 '{4 215 

how effected . 514 ... 215 

property adjustment . 514 ' i 215 

when effected . 514 8 215 

Elections—(see title ELECTIONS)—regular annual. 521 ... 217 

Eminent domain applies—commercial water-way districts. 601 ... 263 

assessment of benefits. 602 ... 264 

diking and drainage districts. 603 ... 264 

improved road systems. 604 ... 264 

Except in first class districts—medical inspector, mav not employ. . 582 106 247 

Exempted from certain liabilities. 594 ... 260 

Existing districts recognized as legally organized. 462 ... 187 

Expenses—attendance at hearing for transfer of territory. 475 9 196 

Extension of city limits. 477 ... 197 

adjustment of property, etc. 478 ... 197 

hearing, procedure . s . 479 ... 197 

corporate existence of old district continued, when. 480 ... 198 

First class—adult blind, may not establish school for. 630 6 273 

auditing committee . 659 . . . 284 

bonds, maturity—(see also BONDS). 798 ... 357 

period to run.j 798 ... 357 

(817 ... 369 

budget act to govern—(see also BUDGETS). 822 ... 370 

claims, time limit for presentation. 830 ... 372 

consolidation with second class district unlawful. 463 4 188 

constitutionality of establishment sustained.art. 2 28 1 19 

county treasurer may invest funds. 668 ... 292 

definition of . 645 . .. 281 

directors—constitution of the board upon advancing of dis¬ 
trict from second class to first class. 646 2 281 

employment permits, directors to keep record. 275,277 ... 107 

enlargement, effect on tax levies. 477 2 197 

minimum term to be eight months. 661 ... 285 

permanent fire insurance fund—power to create. 666 ... 292 

tax levy for. 667 . . . 292 

property, sale and deed. 663 ... 289 

records, taxpayers may inspect. 655 ... 283 

registration of voters living outside city limits.f 713 ... 306 

(719 ... 307 

retirement fund—(see also TEACHERS, Retirement fund) — 

state act applicable in absence of local fund. 350 ... 133 

transfer from state fund. 349 ... 132 

transfer to state fund. 348 ... 132 

secretary—(see also SECRETARY). 652 ... 283 

shop and repair department. 659 ... 284 

employment of foreman and help. 661 (9) ... 285 

tax levy—enlargement of district, effect. 463 1 188 

maximum with and without vote. 665 ... 291 

teachers’ contracts to be written, first class districts ex¬ 
cepted . 582 (1) ... 240 

validation of indebtedness in annexed district, tax levy for... 797 ... 356 

warrants—rate of interest, directors to fix. 656 2 284 

Formation—(see DISTRICTS, New Districts). 467 ... 190 

warrants, county auditor and treasurer to register. 853 ... 379 

Garnishment, subject to. 592 ... 260 

exemption of wages not impaired by—how adjudged. 593 ... 260 

High school and non-high school districts—claim against fund 

allowed only for residents of non-high school districts. 254 2 98 

high school district’s share of transportation under agree¬ 
ment with anbther district included in expense of op¬ 
eration .. 254 1 98 

transportation of post graduate students not to be charged 

against the fund. 254 3 98 

High school districts—four-year course must be installed within 

two years . 251 ... 97 

non-resident high school pupils from non-high school dis¬ 
tricts to be admitted. 258 ... 100 

state board of education to classify. 251 ... 97 

state board shall certify lists to county superintendent. 252 ... 97 

transportation of high school pupils—agreements. 259 ... 100 

Incorporated cities—consolidation of cities merges districts. 463 5 188 

Indebtedness—contracts in excess of limit void. 787 . .. 352 

not to exceed income. 780 ... 34 6 

validation of—(see also INDEBTEDNESS). 789 ... 352 

Indian reservation cannot be formed into a school district. 467 7 190 









































































438 


Index 


Sec. 

Note 

Page 

7 

• • • 

22 

582 

S7 

246 

582 

92 

246 

582 

90 

246 

582 

91 

246 

[ 582 

81 

245 

[ 

86 

246 

‘ 501 


211 

591 

• • • 

259 

591 

9 

260 

596 

7 

262 

310 

9 

119 

594 

10 

261 

596 

8 

262 

411 

4 

162 

591 

3 

259 

594 

1 

260 

591 

8 

260 

591 

6 

259 

310 

16 

120 


DISTRICTS—Continued. 

Individuals, shall not aid.art. S 

Insurance—destroyed building cannot be replaced without vote. 

proceeds of bond cannot be used for general current ex¬ 
pense pending election for new building. 

directors may not insure employees by the group plan. 

liability insurance upon school grounds, directors may not 

take out . 

mutual fire insurance companies, power of district to insure in 

Joint districts—(see also JOINT DISTRICTS)—defined. 

Judgments for debts, liability for. 

payment of . 

Liability—action maintainable for negligence in leaving tank on 

school grounds . 

district not bound by contract of teacher not qualified. 

exemption applies only to athletic apparatus or appliances 
or manual training equipment used in connection 

with any park, play ground or field house. 

fire escape ladder, not liable for injuries, when. 

for breach of teachers’ contract. 

governmental functions, liability for negligent acts in per¬ 
formance of . 

Id . 

manufacturer of specially made desks may recover. 

negligent injuries by employee using motorcycle for his 

own convenience .-. 

no liability for salary of teacher who did not enter into a 

contract and was discharged. 

Local improvements, assessment for. 5911.2,4 

Manual training equipment, not liable for accidents relating to... 594 

Minimum term . 244 

Money, borrowing may be authorized by special meeting. 528 

Monthly report of county treasurer to secretaries and clerks.. 856 (5) 

Municipal corporations, districts held to be. 624 

New districts—adjustment of property, etc. 472 

appeal to county commissioners. 472 

apportionment of funds between old district and new.J 470 

new district formed after the filing of county superin 
tendent’s certificate does not share in appor¬ 
tionment until after next annual report. 

bonded indebtedness for new district may be charged with 

share . 

bonds not to prevent formation. 463 

conditions to be performed by. 469, 47 0 

directors, election of, at first annual election. 

entitled to apportionment, when. 471 

indebtedness, adjustment of. 

minimum size of. 

notices, hearing, establishment. 468 

not to be formed out of consolidated district within five years 

one month of school required for share in funds. 469, 470 

petition—county superintendent not restricted to territory 

specified in petition. 4 67 

head of family defined.f 467 

school to be opened within eight months.' 4 69 

teachers of old district paid from old district funds. 469 

title to property to vest. 

Normal model school—assignment of pupils. 156 

estimate of attendance filed. 155 

statement of attendance filed. 157 

Normal school extension workers may not be paid for lectures 
Officers—penalty for failure to perform duties under compul 

sory attendance act. 

women eligible . 

Part-time schools, may be established—(see VOCATIONAL 

•EDUCATION) . 278 

Play-grounds, not liable for accidents relating to. 594 

Pleadings, verification . 597 

Property—conveyance and custody of, title to. 

injury by pupil, penalty. 352 

joint ownership or control not permissible. 729 

powers of board over. 464 

sale on condition not authorized.„ 729 

property may sell under contract. 605 

survey, power of board to procure... 

Purchase, funds may not be expended to build. 582 

Reclassification, procedure . 645 

Residence, length required for voting.! 525 

Residents of school age to be admitted to school. 243 

School lands, purchased for site. 

School term, minimum length of. 244 


259 

260 
94 

222 

379 


. . 624 

1 

269 

. . 472 


193 

. . 472 

... 

193 

.. S 470 

• • • 

191 

l 471 


192 

. . 469 

4 

191 


1 

193 

. . 463 


187 

469, 470 


191 

. . 734 


319 

. . 471 


192 

. . 472 


193 



189 



191 

irs 482 


198 

469, 470 


190 


2 

190 

. . ( 467 

3, 5, 

190 

{ 

6, 9 

191 

. . 469 

... 

191 

. . 469 

1 

191 



188 



70 



70 

. . 157 


70 

. . 164 

8 

74 



139 



28 



107 

. . 594 


260 



263 

. . 605 

... 

264 


... 

133 

. . 729 

37 

316 


... 

188 


10 

315 

. . 605 

1 

265 

. . 582 

105 

247 


143 

249 


3 

281 

. . 525 

... 

220 

. . 243 


93 



265 


. . . 

94 






































































Index 


439 


DISTRICTS—Continued. 


Second class—annexation of third class district without high school 474 

become districts of the first class, when. 645 

classification, requisites . 720 

consolidation with first class district unlawful. . .. ’..463 

definition of. 720 

directors, vacancies, how filled.440 (13) 

employment permits, directors to keep record. 275, 277 

medical inspection by volunteer nurses. 419 

new districts, election of directors. 721 

real estate, sale must be for cash. 729 

reclassification, not automatic. 720 

procedure . 720 

reports, county superintendent may require. 319 

tax levy, how made. 728 

union high school districts, may form. 463 

vaccination may not be required as condition of membership 243 

warrants to be issued by county auditor. 845 

Sites, purchased of school lands for. 606 

taking private property for, authorized. 609 

petition to court. 610 

proceedings . 611 

Size, minimum prescribed. 465 

Suits, may sue and be sued—(see ACTIONS). 4 64 

Swimming tanks, expenditures for. 5 82 

Taxing district, defined as. 781 

Teachers’ salaries when school is closed on account of. 321 

Term, minimum length. 244 

Territory not included in any district, attachment. 514 

Textbooks, adoption—(see also TEXTBOOKS). 402 

cannot question validity of contract for, w r hen. 402 

failure to use adopted, penalty. 425 

Third class—annexation to second class district maintaining high 

school, without petition. 474 

bids, directors not required to advertise for. 746 

buildings and sites, how acquired, changed and sold. 746 

buildings, may be constructed by day labor. 746 

clerk, limit on compensation. 588 

clerk to give notice of change in organization of board. 586 

county auditor, duties relating to. 846 

auditing of accounts. 847 

countersigning and registration of warrants. 848 

registration of warrants by treasurer, shall cause. 852 

teacher’s salary withheld until report has been filed. 851 

warrants for apparatus withheld unless approved by 

county superintendent. 850 

warrants to be withheld -when teacher is not qualified 

or contract is not signed. 849 

county superintendent to approve building plans. 442 

definition of . 733 

directors, vacancies, how filled. 440 (13) 

elections, directors . 734 

employment permits, county superintendent to keep record. 277 

medical inspection by volunteer nurses. 419 

principal, appointment and powers. 741 

real estate, manner of sale. 746 

reports of superintendent or principal. 743 

schools graded, how. 741 

superintendent elected when—powers. 742 

tax levy, how made. 745 

teachers elected, when. 744 

union high school districts, may form. 463 

vaccination may not be required as condition of membership 243 

warrants to be issued by county auditor. 845 

Transfer of territory—appeals—decision does not prevent future 

transfer . 415 

bonds not to prevent... 4 63 

from consolidated district—prohibited for five years. 4 82 

not to reduce territory to less than four sections. 465 

Uniform system of accounts to be installed. 841 

Union high school—(see also title UNION HIGH SCHOOL) — 

defined . 490 

Valuation, how determined for validation of indebtedness. 789 

for levy of taxes. 783 

Vocational education—(see also title, VOCATIONAL EDUCA¬ 
TION)—approval of courses. ^70 

federal aid . * j 70 

Warrants—(see also WARRANTS)—how issued. 845 

issuance to teachers not legally qualified, penalty. 425 

DISTURBING SCHOOL MEETINGS—Penalty. 426 


Sec. Note Page 


11 

1 

24 

2 

5 

2 


106 


{ 15 } 


193 

281 

308 

188 

307 
174 
107 
165 

308 
316 
308 
308 
123 
310 

187 
94 

377 

265 

266 
266 
266 
189 

188 
247 
349 
123 

94 

215 

156 

156 

168 

193 

329 

327 

329 
257 
255 

378 
378 

378 

379 
379 

379 

37S 

180 

319 

174 

319 

107 

165 

322 

330 

323 

322 

323 

324 
323 
187 

94 

377 

163 
187 
198 
3 89 
375 

206 

353 

349 

105 

104 

105 
377 
168 

168 
















































































440 


Index 


Sec. Note Page 


DIVISION OF MUNICIPAL CORPORATIONS—Accounts, failure of 

officers to keep in prescribed form, penalty. 843 ... 376 

Annual reports of taxing districts and institutions, to require.... 842 ... 376 

Budgets, first class districts—accounting and cost system, to 

establish . 831 ... 373 

charging of expenditures, to define. 831 ... 373 

directors to forward copies. 827 ... 371 

forms and classifications, to install. 831 ... 373 

County auditor to be deputy supervisor. 836 ... 375 

Examination of school districts. 834 ... 373 

expenses to be borne by district. 839 ... 375 

Examiners—appointment and salary. 844 ... 377 

Expenses of operation and maintenance borne by state. 838 ... 375 

State examiners, authority for appointment. 844 ... 377 

Teachers’ retirement fund, to prescribe fund for first class dis¬ 
tricts . 686 ... 297 

Uniform system of accounts, to install. 841 ... 375 

Vested with powers and duties of bureau of inspection and state 

auditor . 840 ... 375 


DOCUMENTS—State superintendent shall make copies. G (9) 

DOMESTIC SCIENCE—Special certificates valid. 300 

DOORS—Of public buildings to swing outward. 28 

EDUCATION—Paramount duty of state to provide for.art. 9 1 

EDUCATIONAL INSTITUTIONS—Regents are administrative offi¬ 
cers of school system. 2 

Trustees are public school administrative officers. 2 

EIGHTH GRADE—Graduates admitted to high school. 258 

EIGHTH GRADE EXAMINATIONS—(see also GRAMMAR SCHOOL 

EXAMINATIONS)—State board to prepare questions. 365 


29 

114 

38 

23 

28 

28 

100 

139 


ELECTIONS—Board of election—orgainzation. 523 

Bonds—how held, etc. 799 

not required for refunding, when. 808 

Class A and first class counties—ballots and ballot boxes, provi¬ 
sion for . 535 

beginning of terms of officers. 532 

bonds previously issued validated. 541, 542 

candidates, lists to be certified. 539 

date . 532 

defective proceedings ratified. 541 

election board to constitute canvassing board. 536 

emergency elections, how called. 532 

expenses, apportionment . 535 

hours of voting. 537 

nominations—filing . 538 

notices—clerks have no authority to post. 535 

election board to post and publish. 535 

publication and contents. 540 

polling places . 535 

precinct election officers to conduct elections. 536 

precinct officers to make return of votes to clerk. 536 

procedure for propositions to be submitted governed by elec¬ 
tion law . 535 

propositions, county election board to place on the ballot 

when authorized . 535 

propositions for submission to be certified. 539 

questions must be submitted at regular election time, except. . 531 

recall elections . 532 

special elections, date. 532 

special meeting, cannot authorize tax levy. 532 

not affected by election law, except. 532 

term of office, commencement. 534 

time of holding county elections. 531 

voting machines . 535 

warrants previously issued validated. 541, 542 

Clerk to give notice of. 587 ( 6 ) 

change of date on petition of voters. 521 

to present record book for inspection at. 5 87 ( 2 ) 

when and where held. 587 ( 6 ) 

Consolidated districts—for establishment of district. 482 

director divisions, county superintendent to make election of 4 83 

Contests—appeals . 561 

certificate of election becomes void, when..! .! 562 

costs . 559 , 560 

hearing and judgment. 587 

other person than one returned may be elected. 558 

illegal votes may annul, when. 553 

misconduct of judges, annuls when. 551,552 

statement of contestant, contains. 555 

who may contest. 554 

County superintendent .. . 430 431 

Date prescribed by constitution.art 6 ’ 8 


. . . 219 

. . . 360 

... 366 

... 226 

1 225 

. . . 228 
... 227 

. . . 225 

... 228 
. . . 226 
. . . 225 

... 226 
... 227 

.. . 227 

3 226 
... 226 
... 228 
... 226 
... 226 

1 227 

4 226 

2 226 

. . . 227 

. . . 224 

... 225 

. . . 225 

3 225 

2 225 

... 226 
... 224 

... 226 
. . . 228 
. . . 255 

. . . 217 

. . . 255 

. . . 255 

.,. 198 

... 201 
... 232 

.. . 232 

... 232 

... 255 

. . . 232 

... 231 

... 231 

... 231 

... 231 

... 171 

20 















































































Index 


441 


ELECTION S—Continued. 

Directors—elected at regular annual school elections. 

'Electors—directors to carry out instructions of special meeting 


Sec. Note Page 
515 ... 216 


of 


elective officers must be. 

idiots, insane persons and criminals disqualified. .!.!!!!..!! 

infamous crime defined. 

qualifications . art. 6 


First class districts—annual. 

ballots, form . 

candidates file petitions. 

canvass of returns—certificate of election. 

challenges, how taken. 

for erection of buildings and purchase of sites, when. 

notices of, contents—publication and posting. 

of directors . 

polling places . 

registration—penalty for false swearing. 

required only once in year. 

transfer . 

voters living outside of city limits, required. 

required for free text books in. 

sale of property, when submitted. 

tax levy in excess of one per cent, authorization of. . 
vacancies, election to fill. 


661 


voting machines, use of. 

when held . 

General—ballot, form and reception of.. 

counting of . 

board, organization of.. 

certificate of election, issuance and filing. 

challenges, how taken. 

clerk of . 

illegal voting, how punished. 

judges of . 

notices of, posting. 

place .. 

poll sheets, sent to county superintendent. 

polls, opened when. 

closing, proclamation of. 

opening, proclamation of. 

qualification of voters. 

registration not required, except. 

tie, how decided.. 

Hours of voting. 

Indebtedness, authorization to increase amount. 

In port districts containing first class school districts, not in class 
A or first class counties— 

bonds, special elections may be held at any time of year. 

not governed by special act. 

date . 


530 

516 

519 

520 

1 

525 
647 
708 

708 
712 
718 

664 
707 
646 
710 

716 
715 

717 
715 

( 10 ) 

663 

665 
J 646 
1 657 

709 
707 

524 

526 
523 

527 

525 
523 

525 
523 
522 

521 

526 

522 

526 

523 
525 
525 

527 
547 
785 


543 

543 

543 


224 

217 

217 

217 
20 

220 

282 

304 

304 

305 
307 
289 

304 
281 

305 

306 
306 
306 
306 
285 
289 
291 
281 
284 
305 
304 
220 
221 

219 
222 

220 

219 

220 
219 

218 
217 
221 
219 
221 

219 

220 
220 
222 
229 
350 


4 229 

6 229 

, . 228 


district partly within and partly without port district, elec¬ 
tion laws governing. 

election board, how constituted. 

election officers to count ballots. 

expenses, apportionment among districts. 

hours of voting. 

notices . 

polling places—books and tally sheets. 

recall elections not affected by act... 

terms of officers. 

voting machines'—ballots ... 

Joint districts, directors. 

certificate of election, how filed. 

Library trustees, election or appointment and term. 

Notices—not required to be filed with county superintendent. 

Officials, not entitled to pay in second and third class districts. . . . 

Place .. 

Qualifications of voters.art. 6 

in elections for validation of indebtedness. 

Id .*•. 

Questions submitted, stated in notice... 

Residence of ninety days in county not required except in first 

class districts . 


543 

545 

546 
545 

547 
545 
545 

543 

544 

545 

505 

506 
644 
587 
523 

521 
1 

792 

525 

522 

525 


3 229 

. 229 

. 229 

. 229 

. 229 

. 229 

. 229 

. 228 
. 229 

. 229 

. 212 
. 213 

. 280 
9 257 

1 220 
. 217 

20 

. 354 

. 220 
. 218 

4 221 


Second class—failure to hold, county superintendent to fill va¬ 
cancy . 

regular . v ... 

required for erection of building or change of site. 

tax levy in excess of one per cent, authorization of. 

Separate propositions may be submitted at one election. 

Special—called and conducted, how.. • 

clerk to give notice of... • • °° 

tax levy over one per cent in second class districts, vote.... 


723 

722 

729 

728 

529 

521 

( 6 ) 

728 


... 303 

. .. 308 

. . . 314 

. .. 310 

4 224 

... 217 

. . . 255 

. . . 310 























































































442 


Index 


ELECTIONS—Continued. 

Special meeting's—standing vote not set aside. 

Third class districts—directors. 

regular .. 

school houses and sites, questions of, vote. 

tax levy in excess of one per cent, authorization of. 

Union high school districts—formation of. 

withdrawal from . 

Validation of indebtedness. 

Voting machines—approval required. 

authority to use. 

Voting machine committee—state superintendent a member. . . . 

ELEMENTARY SCHOOLS—Included in public school system. 

Short normal school courses cannot be prescribed to certificate 
university and state college graduates for elementary 

teaching, when . 

Special normal diplomas valid only in. 

Teachers, where trained. 

Temporary certificates may not be granted for, to state university 

and state college graduates. 

ELLENSBURG NORMAL SCHOOL—(see also STATE NORMAL 

SCHOOLS)—Established . 

Fund created ... 

Millage levy . 

EMINENT DOMAIN—Applies to school district lands. 

Assessment and payment of benefits. 

Condemnation proceedings—(see SITES). 

Prosecuting attorney must conduct condemnation suits without 

compensation . 

EMPLOYMENT—(see also CHILD LABOR)—Certificates for. 

Permits in districts maintaining part-time schools. 

ENGLISH LANGUAGE—State board cannot require private schools 


to be taught in. 

Extent of ability required of electors.art. 6 

Private schools must be taught in. 

Voters must be able to read and speak.art. 6 


Sec. 

Note Page 

529 

2 

224 

734 


319 

735 


319 

746 


327 

745 


324 

492 


207 

500 


210 

( 790 


353 

1 792 


354 

549 


230 

548 


230 

9 


32 

1 


28 

49 

3 

42 

48 

1 

42 

49 


42 

48 

3 

42 

142 


66 

35 


40 

39 


41 

601 


263 

602 


264 

608 


265 

589 

4 

258 

354 


136 

275 


107 

17 

11 

36 

1 

• • • 

20 

247 

1 

96 

1 

• • • 

20 


ENTRANCE REQUIREMENTS—Accredited institutions of higher 

learning must equal those of state university. 17 (3) ... 34 

Institutions of higher learning, prescribed. 50 ... 42 

EPIDEMIC—Teachers’ salaries during period of. 321 4 123 

ESTIMATE OF EXPENSES—First class district budgets—(see also ( 664 ... 289 

BUDGETS) .( 822 ... 370 

In second class districts. 728 ... 310 

Institutes . 451 ... 184 

Third class districts. 745 ... 324 

EVENING SCHOOLS—Attendance, how created. 771 ... 342 

Directors may establish. 582 (12) ... 240 

Special certificates valid. 300 ... 126 

Vocational education—establishment. 271 ... 105 

EXAMINATIONS—Attendance of pupils excused from to be counted.. 318 ... 122 

Bible study, public schools may not give.art. 1 11 1 19 

Finances of districts, annual examination. 834 ... 373 

expenses to be borne by district. 839 ... 375 

Grammar school—admission of non-resident holders of cei’tifi- 

cates in high school districts. 258 ... 100 

assistant examiners, appointment. 366 ... 140 

certificates to admit holder to high school. 365 ... 139 


(186 

disclosing questions, penalty. 421 . . . 167 

exemptions in districts with standard supervision. 365 ... 139 

grades from other states not acceptable. 367 1 14 0 

in districts of first division, based upon minimum credits.... 405 ... 158 

manuscripts, graded, how—transmitted to county superin¬ 
tendent . 366 ... 140 

non-resident pupils, right to charge tuition not affected.... 365 ... 139 

pupils eligible . 365 . . . 139 

questions and rules for. determined by state board. 17 (10) ... 34 

prepared and forwarded, how. (365 ... 139 

1 367 ... 140 

reading courses for pupils may be prescribed. 367 . . . 140 

when held . 365 . . . 139 

High school extension—certificate to entitle holder to enter uni¬ 
versity . 265 ... 104 

questions prepared and distributed. 264 ... 103 

state board to outline course. 263 ... 103 

when held, conditions. 263 ... 103 

State normal schools—entrance. 152 ... 69 










































































Index 


443 


EXAMINATIONS—Continued. & eCi Note Page 

Teachers’—answers to questions prepared by state board. 17 (9) ... 34 

applicants must be at least eighteen years of age. 292 ... Ill 

county superintendent to conduct. 440 (15) ... 174 

credits of 90%, value of. 305 ... 116 

disclosing questions, penalty. 421 ... 167 

exemption of graduates of accredited institutions. 17 ( 3 ) ... 34 

fees, credited to institute fund. 450 ... 183 

grades a.nd subjects to appear on face of certificate. 291 ... Ill 

life certificates and diplomas earned in other states, ac¬ 
creditation . 17 ( 4 ) ... 34 

limited certificates granted on.j 297 ... 113 

1301 ... 114 

manuscripts filed with state superintendent. 304 ... 116 

may be taken piece-meal. 305 ... 116 

notice of .. 440 (15) ... 174 

papers to be filed for 60 days. 304 ... 116 

professional subjects—state board of education may require. 17 ( 3 ) ... 34 

questions, uniform, prepared by state board. 17 ( 8 ) ... 34 

printed and distributed by state superintendent. 6 (3) ... 29 

rules for. determined by state board. 17 ( 8 ) ... 34 

county superintendent to enforce. 440 (4) ... 174 

special certificates—city superintendent may conduct. 300 ... 114 

state manual required. 17 ( 4 ) ... 34 

superintendent of public instruction cannot change place.... 303 1 116 

university and state college graduates not eligible to certifi¬ 
cation for elementary teaching upon. 297 2 113 

where and when held.. 303 . 116 


EXAMINERS—Duties transferred to division of municipal corpora¬ 
tions . 840 ... 375 

Examinations of school district accounts. 834 ... 373 

expenses to be borne by district. 839 ... 375 

EXPERIMENTAL STATION—Established in connection with state f 121 ... 60 

college—(see STATE COLLEGE).4 122 ... 60 

) 126 ... 61 


EXPULSION—Directors may expel for disobedience of rules.... 582 (6) 

From common school, for disobedience. 351 

From state normal schools. 160 

Public school pupils, liable to commitment for. 191 

EXTENSION WORK—State normal schools—^courses. 164 

fees . 160 

FAIRS—(see also BUREAU OF FARM DEVELOPMENT)—Club 

and demonstration work...*' . 140 

FARMERS’ INSTITUTE—State college to hold. 129 


240 

133 

71 

81 

73 

71 

64 

61 


FEDERAL AID—Agriculture extension work. 127 ... 61 

Bureau of farm development—employment of agricultural, home 

economics and club experts.'. 140 ... • 64 

joint supervision . 140 ... 64 

Morrill act, funds allotted to state college. 120 ... 59 

Part-time schools and classes—apportionment. 284 ... 109 

approval by state board. 284 ... 109 

establishment of rules and regulations. 283 ... 109 

Smith-Hughes vocational act—acceptance by state. 266 ... 104 

Smith-Lever act. 140 ... 64 

State college—acceptance of act of 1887. 122 ... 60 

acceptance of act of 1906. 123 ... 60 

Vocational education—approval of courses and standards. 270 ... 105 


FEEBLE-MINDED—Violation of law regarding. 239, 240 

FEES—for issuance or renewal of teachers’ certificates. 293 

paid into institute fund. (293 

(450 

Oath of office, no fee. 579 

State college—(see also STATE COLLEGE). 113 

State institution for feeble minded—admission under tuition fee.. 226 
State normal schools—(see also STATE NORMAL SCHOOLS) .... 160 

State university—(see also UNIVERSITY OF WASHINGTON) . . 75 

Superintendent of public instruction—certified copies. 6 (18) 

FINANCES—Disorganization of districts on account of, county 

superintendent has no authority. 514 

Examination of accounts.. 834 

expenses to be borne by district. 839 

Fiscal year for school districts defined. 837 

closing of accounts and transfers. 833 

Uniform system of accounts to be installed.• ••. 841 


Warrants issued by auditor for second and third class districts.. 845 


FINES—(see also PENALTIES)—Accrue to current state school 

funds . ^62 

Books, records and property, failure to deliver to successor. 424 

Budget law, first class districts, violation. 832 


92 

. Ill 
. Ill 
. 183 

. 239 

58 
90 
71 
49 
29 

9 215 

. 373 

. 375 

. 375 

. 373 

. 375 

. 377 


336 

168 

373 







































































444 


Index 


FINES—Continued. Sec. Note Page 

Compulsory attendance—-at free government schools, violation.. 372 ... 142 

employer’s refusal to permit attendance in part-time schools.. 281 ... 108 

false report . 361 .. . 138 

for failure of officers to enforce, how credited. 362 ... 139 

in districts maintaining part-time schools. 279 ... 108 

penalty . 355 .. . 136 

Delinquency or dependence of minor, by contribution to. 395 ... 154 

Examination questions—for disclosing. 421 ... 167 

Failure to pay over, penalty. 422 ... 167 

Feeble-minded, violation of law regarding. 239, 240 ... 

Fire drills, failure to hold. 30 ... 39 

Flag, failure to procure and display. 629 ... 272 

For abusing teacher. 320 ... 123 

For non-attendance at free government schools. 373 ... 142 

For sale of intoxicating liquors near institutions. 52 ... 43 

For violation of compulsory school law, disposition. 363 ... 139 

Intoxicating liquors, for sale near university. 65 ... 47 

Maltreatment of pupils. 314 ... 121 

Moneys, misapplication of by school officers. 424 ... 168 

Normal school trustees, pecuniary interest. 150 ... 68 

Officers, failure to deliver school property to successor. 424 ... 168 

Property, willful mutilation or destruction by officers. 424 ... 168 

Schools and school meetings, disturbance of. 426 ... 168 

State school for deaf and blind, failure to enforce act. 217 ... 88 

Violation of child labor law. 379 ... 14 5 

Vivisection law, violation. 27 ... 38 

FIRE ARMS—Sale to minors, penalty. 374 ... 142 

FIRE DRILLS—Colleges and universities excepted. 32 ... 40 

Fire escape ladders, district held not liable for injury caused by. . 29 1 39 

Held, how often. 29 ... 39 

Not required in special institutions. 29 2 39 

Penalty for neglect. 30 ... 39 

Publications of law regarding. 31 ... 39 

FIRST CLASS DISTRICTS—(see DISTRICTS, FIRST CLASS) — 

Definition . 645 . . . 281 

FISCAL AGENCY—Directors may designate for registration of bonds. . 821 .. . 370 

FISCAL YEAR—Defined for school districts. 837 ... 375 

First class district, appropriations to lapse at end of. 830 . . . 372 

Report to be made for period of. 842 . . . 376 

FLAG—Directors shall procure. 628 ... 272 

Display on exterior building or school grounds required. 629 l 272 

Every school shall display. 628 ... 272 

Exercise . 628 . . . 272 

Refusal to salute is proper cause for expulsion. 313 3 121 

Salute . 628 ... 272 

FORESTRY—Experimental station established at university. 85 ... 51 

FORMATION OF NEW DISTRICT—(see also DISTRICTS, New dis¬ 
tricts)—Petition . 467 . . . 190 

FORMS—County auditor’s annual report to county superintendent.... 855 ... 379 

State superintendent shall prepare and print.. 6 (3) ... 29 

FRATERNITIES—(see SECRET SOCIETIES)—Bar to accredita¬ 
tion of private academies. 17 (5) ... 34 

Directors to prohibit in first class districts. 661 (12) ... 285 

FUNDS—(see REVENUES AND SCHOOL)—Accounting, uniform 

system to be installed. 841 ... 375 

Bond redemption fund created. S04 ... 364 

Building fund—accumulation in first class districts not pre¬ 
vented by budget law. 830 .. . 372 

bond proceeds paid into when. 801 ... 363 

insurance bond, proceeds credited to. 582 92 246 

proceeds of tax for building purposes, issuance of warrants. . 528 11 223 

Carnegie fund, application authorized. 53 ... 43 

Cheney normal school fund—created. 35 ... 40 

levy, amount, recommendation for change. 39 ... 41 

purpose . 37 ... 40 

where paid . 36 ... 40 

Circulating school library fund. 454 ... 185 

Closing of accounts and transfers. 833 ... 373 

Collection of deposits. 843 ... 376 

Common school fund—interest on bonds for buildings and sites 

cannot be paid from proceeds of.art 9 2 4 23 

investment in state general fund, warrants, unconstitu¬ 
tional . art. 9 5 1 24 

losses to become debt on state.art. 9 5 24 

permanency and sources . art. 9 3 . . . 23 

revenue to be applied exclusively to support of common 

schools . art. 9 2 23 

sources . 74 8 ... 331 








































































Index 


445 


FUNDS—Continued. ; 

Consolidated district entitled to excess funds of component dis¬ 
trict . 

County general fund—compulsory act fines credited, when. 

County treasurer to receive, hold and pay out for districts.... 856 
Current school fund—fines for abusing teacher credited to. 


fines for violation of vivisection law credited to. 

fines for failure to enforce teaching of hygiene paid into fund. . 

sources . 

to be exclusively applied to support of common schools, art. 9 

District—compulsory act fines credited, when. 362, 

school district fund.. 

Division between new and old districts. 469, 

Examination of accounts. 

expenses to be borne by district. 

Failure of officer to pay over, penalty. 

Fines for non-attendance at free government schools, how 


Fiscal year for 
General fund—( 


school districts defined. 


Institute—certification fees 


Instiutions of higher learning—created. 

levies, amount of. 

purpose . 


taxes paid into. 

Insurance fund—accumulation 
vented by budget law.. 

investment . 

tax levy for. 


in first class districts not pre- 


Library fund . 

Monthly report of county treasurer to secretaries and clerks.. . 856 

Normal .school current fund—created. 

sources . 

Permanent school fund—investment, constitutional restric¬ 
tion ... art. 16 

Prohibition enforcement, surplus ci'edited to current school fund. . . 

School district fund, source. 

Separate accounts to be kept. 

Sinking fund—accumulation in first class districts not prevented 

by budget law. 

State college—current fund, established. 


State educational funds, losses to become debt on state. art. 9 

State normal schools—revolving fund, extension fees paid into.... 

State university—building fund. 

created . 

income devoted to current fund..... 

income expended for facilities of instruction. 

levy, amount. 

permanent fund created. 

purpose . 

recommendation for change. 

rentals of old site credited to., 

tuition fees credited—how. 

where paid . 

Teachers’ retirement—state fund established. 

Trfliisfsrs ....... 

Unappropriated, credited to permanent fund... 

Vocational education—state treasurer to be custodian. 

tcix levy . * • *.. 

Warrants issued by auditor for second and third class districts. . . . 

Washington state normal school fund—created. 

levy, amount, recommendation for change. 

purpose .. 

where paid . 

VTBLING—Definition . 

Penalty ... 

Prohibited near university grounds. 


ec. Note 

Page 

488 ... 

204 

362 

139 

U) ... 

379 

320 ... 

123 

421 ... 

167 

426 ... 

168 

424 ... 

168 

314 ... 

121 

27 

38 

249 ... 

96 

760 ... 

335 

2 

23 

363 

139 

779 ... 

345 

470 ... 

191 

834 

373 

839 ... 

375 

422 ... 

167 

373 

142 

837 

375 

779 ... 

. 345 

829 

372 

332 

127 

1293 ... 

. Ill 

450 ... 

. 183 

164 

73 

j 35 . . 

40 

( 39 

41 

9-40 . . , 

41 

j 37 

40 

(38 

41 

36 . . 

40 

830 . . 

. 372 

668 . . 

. 292 

667 . . 

. 292 

510 . . 

. 214 

643 . . 

. 280 

(5) . . 

. 379 

158 . . 

71 

159 . . 

71 

5 . . 

26 

762 . . 

. 336 

779 . . 

. 345 

833 . . 

. 373 

830 . . 

. 372 

Ill . . 

58 

114 . . 

58 

120 . . 

59 

112 . . 

58 

128 . . 

61 

107 . . 

57 

129 . . 

61 

5 . . 

24 

160 . . 

71 

72 . . 

48 

35 .. 

40 

71 . . 

48 

63 . . 

47 

39 . . 

41 

70 . . 

48 

37 . . 

40 

39 . . 

41 

73 . . 

4S 

6,77 .. 

50 

36 . . 

40 

323 . . 

. 125 

843 . . 

. 376 

748 . . 

. 331 

267 . . 

. 104 

272 . . 

. 106 

845 . . 

. 377 

35 . . 

40 

39 . . 

41 

37 . . 

40 

36 . . 

40 

68 . . 

48 

69 . . 

48 

67 . . 

48 










































































446 


Index 


See. Note Page 

GAMBLING ESTABLISHMENTS—Admission of minors, penalty. 374 ... 142 

GARNISHMENT—District subject to garnishment. 592 ... 260 

Exemption of wages not impaired by. 593 ... 260 

Nature of judgment. 593 . . . 260 

Retirement fund annuities not subject to—state fund. 341 ... 130 

local funds . 699 .. . 301 

GENERAL SCHOOL FUND—(see REVENUES, SCHOOL)—How 

consituted . 779 . . . 345 

Bequests cannot be expended for buildings. 729 14 315 

County—fines for failure of compulsory act credited to, when. 362 ... 139 

Damages for loss to district, credited to. 423 ... 167 

First class districts, payment of emergency warrants from. 829 ... 372 

Kindergarten costs to be paid from district fund. 635 ... 226 

May not be expended for teachers’ cottages. 637 110 277 

(16 2 i & 

Moneys cannot be considered as assets against outstanding bonds. . 786 2 352 

i. ^ _ ^ 4-y-v o r£ / n \ QfTCi 


State, warrants redeemed with bonds to credit of permanent 

school fund . 757 ... 334 

Warrant for retirement fund to be drawn upon. 332 .. . 127 

GIRLS—Commitment to state school. 199 ... 83 

GRADES—Authority of teachers to determine to what grade a pupil 

belongs . 319 1 123 

directors in first class districts may determine. 661 (4) ... 285 

GRAMMAR SCHOOLS—(see also EXAMINATIONS, GRAMMAR 

SCHOOL)—Course of study for, prepared by state board. 17 (7) ... 34 

(Examinations, superintendent of public instruction to forward 

questions . 365 .. . 139 

Included in common schools. 1 ... 28 

Teachers, where trained. 49 ... 42 

HEAD OF FAMILY—Definition..'. 467 ( 3,5 190 

(6,9 191 

Petitions for formation of district of less than four sections. 465 ... 189 

Petition for formation of new district, contents. 467 . . . 190 

Petitions for transfer of territory or enlargement of district 

boundaries .' 4 74 ... 193 

HEALTH—(see HYGIENE; MEDICAL INSPECTION AND SANI¬ 
TATION)—Admission of minors to places injurious to health, 

penalty . 374 ... 142 

Attention to be given to laws of in common schools. 247 ... 96 

Clinics, district may not maintain, when. 661 33 288 

Rules of state department of health. Appendix B . 386 

Teachers, pupils and janitors not to attend school from house in 

which contagious disease is prevalent. 419 ... 165 

HEALTH OFFICER—Attendance credit when school is closed by. 774 ... 343 

Condemnation of school buildings, powers. 582 101 246 

Fumigation of building by, expense to be borne by city. 582 95 246 

Jurisdiction of city and county health officer. 463 3 188 

May order abatement of school house. 582 97 246 

HEARINGS—(see also APPEALS)—Adjustment of assets and lia¬ 
bilities of transfen-ed territory. 474 ... 193 

Alteration of school district boundaries, petition. 474 ... 193 

Annexation of territory by enlargement of city, property adjust¬ 
ment . 478 ... 197 

Inspection of public offices. 834 . . . 373 

Joint districts, formation. 511 ... 214 

Joint districts, notices. 504 . . . 212 

Petition for commitment to parental school. 675 . . . 293 

Procedure on hearing of appeals. 414 ... 163 

HIGH SCHOOLS—Accreditation . 86 , 87 ... 52 

not accredited for certification. 17 4 35 

private, accreditation . 17 ( 5 ) ... 34 

Accredited by state board. 17 ( 6 ) ... 34 

Advanced special normal diploma not valid in. 48 1 42 

Annexation of third class district without high school. 474 ... 193 

Attendance, how counted for apportionment. 769 . . . 341 

Attendance in adjoining states, directors may pay tuition. 630 . . . 273 

Attendance of pupils from other states. 630 . . . 273 

Bonus to, conditions. 772 ..! 342 

Certificate from grammar school examinations to admit to. 365 !!! 139 

Classification . 251 .!. 97 

re-classification, when effective. 251 i 97 

Cost to be certified by clerk or secretary. 254 ... 98 

Course of study prepared by state board. 17 (7) !!! 34 

Credits for work in other states. 263 i 103 

Credits not acceptable as normal work in state normal schools. ... 162 2 72 

District with only one high school grade may refuse admission of 

non-resident pupil . 258 6 100 

Eighth grade certificates to be given full faith and credit unless 

revoked .. 365 11 139 

Extension examinations . (263 ... 103 

(265 ... 104 









































































Index 


HIGH SCHOOLS—Continued. 

Fire drills . 

Fraternities, bar to accreditation 


Graduates, admission to university. 

Graduates admitted to state college, when 


Graduates may not be required to take extra work in normal 


admission of non-resident 
apportionment and transfei 
clerk’s report to couhtv sui 


transportation, high school district’s share under agree¬ 
ment with another district to be included in corn- 


county superintendent to certify arr 

high school district fund. 

reimbursement not a tuition charge. 


certify list to county 


tax 


may remove district from classification. 

re-classification, when effective. 

levy against non-high school districts. . . 


joint agreements for. 

High school district fund—attendance at nearest high school not 

required . 

claims not allowed for pupils who have not completed the 

grammar school course. 

delinquent claims, commissioners cannot be compelled to 

make levy . 

eighth grade certificate not required in order to obtain credit 

from the fund. 

pupils of non-high school districts may attend any high 
school and bind the fund of his county for the cost. . . . 

transfer of funds to other counties. 

Included in public school system. 

Id . art. 

Inspection for accreditation. 

Inspection of . 

Junior high schools, no legal authority for. 

Junior high schools, no legal authority for establishment. 

Non-high school district levy. 

duty to levy, mandatory. 

re-classified districts subject to levy for first year following. 
Non-hig'n school district pupils must be admitted regardless of 

facilities . 

Non-high school districts. 

directors cannot be compelled to transport, but may not 


ten-mill limit has no ap 
transportation of high 


school pupils does not necessitate 


not compulsory, but discrimination forbidden. 

Physical education—excuses of individual students. 

officers shall enforce courses. 

state board to prescribe courses. 

Rules for government—state board of education to prepare. 

Special normal diplomas not valid in. 

Special normal school diplomas, holders may not teach in. 

State university and state college may not certificate normal 
school graduates of short courses for high school teaching 
Study of American history and government required for gradua¬ 
tion . 


penalty for violation. . . 

Temporary certificates may 

school graduates .. 

Time of admission of pupils, directors may regulate. 

Tuition to be free, when. 

Union hieh school—(see also DISTRICTS ; UNION 
SCHOOL)—formation of districts. 


not be granted for. state normal 


HIGH 


447 

Sec. Note 

Page 



39 

17 (5) 

• • • 

34 

. 661 


285 

. 582 

78 

245 

87 

. # 

52 

95 


54 

>. 274 


106 


3 

72 

. (298 


113 

\ 301 


114 

. 250 


97 

. 25 8 


100 

. 257 


99 

. 254 


98 

. 254 


98 

. 255 


98 

. 254 


98 


1 

98 

. 256 


99 

. 255 


98 

. ( 260 


102 

\ 630 


273 

. 251 


97 

. 252 


97 

. 251 


97 

. 251 


97 

. 251 

i 

97 

. 255 


98 

. 259 


100 

. 259 


100 

. 257 

1 

99 

. 258 

8 

100 

. 255 

4 

99 

. 258 

7 

100 

. 256 

1 

99 

. 257 

1 

99 

1 


28 

9 2 

• • • 

23 

17 (5) 


34 

14 

. • • 

33 

. 365 

9 

139 

. 769 

8 

341 

. 255 

* • • 

98 

. 255 

7 

99 

. 255 

8 

99 

. 258 

1 

100 

. 250 


97 

. 259 

23 

102 

. 255 

2, 5 

99 

. 259 

31 

102 

. 259 

23 

100 

21 

• . • 

37 

24 


38 

20 


37 

17 (7) 


34 

48 

i 

42 

162 

7 

72 

48 

4 

42 

. 262 


103 

. 286 


109 

. 288 


110 

48 

3 

42 

. 583 

8 

252 

. 769 


341 

. 491 


206 

496 

... 

209 

49 

2 

42 










































































448 


Index 


Sec. Note Page 

HIGH SCHOOL EXTENSION EXAMINATIONS—Credits for work 

in other states. 263 l 103 

Students attending regular high schools not eligible to take. 263 2 103 

HOLIDAYS—Teachers not required to teach on certain. 321 ... 123 

Temperance and good citizenship day—designation. 397 ... 155 

state superintendent to publish program. 398 ... 155 

Victory and admission day—designated. 399 ... 156 

directors may not dismiss school on November 11. 399 1 156 

program of exercises. 400 ... 156 

state and county superintendent to aid in observance. 401 . . . 156 

HOME DEMONSTRATION—(see also BUREAU OF FARM DE¬ 
VELOPMENT)—Experts to conduct. 140 ... 64 

HOME ECONOMICS—(see VOCATIONAL EDUCATION) —Experts, 

assignment . 138, 140 ... 64 

demonstration work, duties. 140 ... 64 

equipment . 139 ... 64 

expenses . 13 S, 140 ... 64 

office . 139, 140 ... 64 

request for appointment in county. 138 ... 64 

.salary . 138 ... 64 

how payable . (140 ... 64 

1141 ... 65 

Use of school property for community activities. 637 ... 277 

HOME STUDY—Construed as employment, when. 275 .... 107 

Exemptions from compulsory attendance at free government 

schools . 369 ... 141 

HUMANE BUREAU—Superintendent of public instruction a member. . 11 ... 33 

HYGIENE—Contagious disease bars teachers, pupils and janitors 

from school attendance. 419 ... 165 

Failure to provide for teaching of, penalty. 248 ... 96 

Required to be taught. 247 ... 96 

IMMORAL BOOKS, ETC.—'Excluded from school. 582 (9) ... 240 

INCORRIGIBLES—Commitment to state training school. 191 ... 81 

Ground for commitment to state training school. (172 ... 76 

1191 ... 81 

Teachers to report to truant officer. 358 ... 138 

Transfer of incorrigibles from parental school to reformatory. 680 ... 295 

INDEBTEDNESS—(see TAXING DISTRICTS)—Adjustment of, in 

alteration of boundaries. 475 ... 195 

in dissolution of union high school district. 500 . . . 210 

in extension of city limits. 479 . . . 197 

in formation of joint district. 511 ... 214 

in formation of new districts. 472 ... 193 

Apportionment upon formation of new district. 473 1 193 

Authorization to incur, election. 521 10 218 

Cannot be increased beyond limit by assumption of mortgage on 

gift . 780 16 347 

Community purposes, limitation. 640 ... 279 

Consolidated districts, payment of. 489 . . . 205 

Detached territory, liable for. 474 16 195 

Directors cannot be compelled to maintain school when limit is 

reached . art. 8 6 3 22 

Directors may not exceed annual income, except. 780 ... 34 6 

Disorganization of district, not to affect. 514 ... 215 

Estimated apportionment not assets. 780 18 348 

Exchange of warrants for bonds. 802 ... 364 

Extension of city limits, payment of. 480 ... 198 

Funding, outstanding, by bonds.>.. 798 ... 357 

Increase of limit authorized by vote. ( 785 ... 350 

1 798 ... 357 

Joint districts, adjustment of. 511 ... 214 

Joint districts, levies for. 512 . . . 214 

Judgment, payment. 591 . . . 259 

Liability of district for debts. 591 ... 259 

Limit—constitutional limitation based on actual value. art. 7 2 3 22 

prescribed by constitution. art. 8 6 2° 

f785 ... 350 

Limitation of . i 798 . . . 357 

[799 ... 360 

high school district claim to be considered as revenue. 255 3 99 

Method of computing. 785 12 351 

New district may be charged with share of bonded indebtedness. . . 472 1 193 

New district, tax levy to pay indebtedness. 473 ... 193 

Permanent funds not to be invested in bonds issued in excess of 

limit . 753 . . . 332 

Permanent school fund, losis a permanent debt to state. 749 . . . 332 

Previous bonds and warrants validated in class A and first class 

counties . 542 228 

Purpose of . ( 785 !!! 350 

)798 ... 357 

Report of state authorities. S42 ... 376 










































































Index 449 


INDEBTEDNESS—Continued. £ CC j^ote Page 

Report of state superintendent shall show. 6 ( 2 ) 29 

School district liable for.. . 591 ’’’ 259 

Special street assessments not to be counted * in determining'' 

whether district is within limit. 785 10 351 

Special tax when district has not shared apportionment. 470 . . . 191 

Union high school districts, how determined. 497 5 210 

Validation of outstanding, authorized. 789 ... 353 

bond issue for. 793 _ _ 355 

election for, resolution of directors calling. 790 ’. . 353 

ballots, form of. 792 . . . 354 

conducted, how. 792 ... 354 

exchange bonds for warrants, when. 795 . . ] 355 

notice of . 791 ... 354 

returns, canvass of. 792 ... 354 

voters, qualifications of. 792 . . . 354 

of district that is merged with first class district. 797 . . . 356 

Unextinguished, certified to county commissioners. 796 ... 356 

vote required . 790 . . . 353 

INDIANS—Admission of Indians residing upon reservation. 630 4 273 

Attendance at government school not counted in apportionment 

of funds . 765 2 338 

Attendance at public school counted for apportionment. 765 6 339 

Census, included when. 587 2 256 

County superintendent not required to visit Indian schools. . 440 7 177 

Directors may not furnish lunches. 582 124 248 

Entitled to vote, when. 525 6 221 

Extension of boundaries not to include reservation, when. 474 10 195 

Lands inhabited by, may be included in new district. 467 8 18S 

Not included in school census, when. 587 (3) ... 255 

Reservation cannot be formed into a school district. 467 7 190 

INDUSTRIAL SCHOOLS—'Establishment in districts of first class. . 661 (4) ... 285 

INSTITUTES, FARMERS’—State college to hold. 130 ... 61 

INSTITUTE, TEACHERS’—Attendance accredited for apportionment. . 448 ... 182 

credit not allowed if teachers are not paid. 448 7 183 

included in maximum credit of 183 days in first class districts. 661 15 287 

City—allowance for attendance included in maximum credit of 

183 days . 448 6 183 

County and school district not liable for injury to lunch room 

employee . 443 1.2 181 

County fair, attendance may be credited. 443 4 181 

County superintendent to hold.* 440 (16) ... 174 

to arrange for. 443 . . . 181 

Expenses for . ( 445 ... 182 

(451 ... 184 

report of . 452 ... 184 

Extension work, adoption terminates institute. 447 2 182 

Fund . 450 ... 183 

allowance not to be made to teacher for extension work. 448 5 183 

fees paid into. 450 ... 183 

may be applied to normal extension work. 164 ... 73 

teachers may be paid for instruction. 448 3 183 

Joint, how arranged. 445 ... 182 

Lunch room, county superintendent not authorized to conduct. 444 1 181 

May be omitted during one school year but must be held during 

calendar year . 444 3 181 

May be held when school is not in session. 444 2 181 

Normal extension work may be substituted. 164 ... 73 

Principals of normal school, may attend. 153 ... 69 

Rest of session. 444 4 182 

Separate .sessions may be held for rural and city teachers. 443 5 181 

Teachers association meetings, county superintendent may allow 

credit for attendance. 443 3 1S1 

Teachers required to attend. 447 ... 182 

attendance cannot be compelled in non-eontiguous counties... 447 7 182 

attendance in another county compulsory only in case of 

joint institute. 447 5 182 

teachers have no discretion to determine whether they shall 

attend educational meeting as a substitute. 447 8 1S2 

INSTITUTIONS—Annual reports required. 842 ... 376 

Commitment of minors under juvenile court law. 388 . . . 151 

Uniform system of accounts to be installed. 841 ... 375 

INSTITUTIONS OF HIGHER LEARNING—Accreditation of normal 

training departments . 17 ( 6 ) ... 34 

Advanced special normal school diploma, renewal of. (162 ... 71 

(163 ... 73 

Agriculture to be taught at state college. 46 ... 42 

Approve entrance requirements. 17 (1) ... 34 

Attendance and professional work required for certificates and 

renewals . 301 ... 114 

Certificates and diplomas, to be issued according to law. 302 .. . 116 

Defined . 34 ... 40 


15 












































































450 


Index 


INSTITUTIONS OF HIGHER LEARNING—Continued. 

Directory of regents, trustees and faculty, state superintendent 


Entrance requirements prescribed. 

Entrance requirements, for accreditation 
ments of University of Washington 
state board of education to investigat 


Fire drills .... 
Funds—created 
for construe 


must equal require- 


permanent, how i 
Gi’aduate work, when 


authorized. 


Instructors, qualifications for a< 
Joint board of higher curricula. 


common to both university and state college. 
Normal elementary certificate. 


Normal schools—courses, state board to prescribe. 

diplomas, valid where. 

to train elementary teachers. 

Normal training departments, inspection. 

Regents appointed by governor with advice and consent of 

senate . art. 

board acts as cle facto board, when. art. 

Reports contained in state superintendent’s report. 

to state superintendent. 

Standard certificates based on accredited papers. 

State board of education—proceedings, head shall receive copy. 

. to approve entrance requirements. 

to coordinate with common schools. 

to inspect and accredit. 

Taxes—levy ._. 

paid into respective funds, purpose.. 

Vocational education, teacher training classes under state boar* 

INSURANCE—First class districts, accumulation not prevented by 


Proceeds of policy cannot be used for building construction with- 


INSURANCE COMMISSIONER—Retirement fund, member of board 
of trustees . 

INTEREST—(see BONDS; WARRANTS)—Legal rate on school 

warrants, how regulated. 

On bonds, levy for. 

must be paid. 

validation of indebtedness. 


Sale near university prohibited, penalty. 


JANITOR—Children of dii'ectors may not be employed. 


secretary may be authorized to superintend. 

Pulmonary tuberculosis, bar to employment. 

Teacher may act as. 


Sec. 

Note 

Page 

6 (11) 


29 

47 


42 

50 


42 

17 (3) 


34 

17 (3) 


34 

44 


41 

43 


41 

. 29, 32 


39 

35 


40 

. . (37 


40 

) 38 


41 

. . 753 


332 

42 


41 

6 (10) 


29 

17 (6) 


34 

17 (6) 


34 

33 


40 

17 (6) 


34 

41 


41 

48 


42 

. . (162 


71 

) 163 


73 

. . (162 


71 

) 163 


73 

. . (162 


71 

1 163 


73 

. . j162 


71 

1163 


73 

49 


42 

17 (6) 


34 

13 1 


25 

13 1 

i 

26 

. 6 (2) 


29 

6 (10) 


29 

. . 297 


113 

15 


33 

17 (1) 


34 

18 


37 

17 (6) 


34 

. 39, 40 


41 

36 


40 

. . 268 


104 

. . 830 


372 

;e. 582 

165 

250 

... 582 

91 

246 

. . 729 

(32 

316 


1 42 

317 

471 

1 

192 

. . 324 


125 

857, 859 


382 

. . 804 


364 



366 

. . 793 


355 

. . 374 


142 

. . 379 


145 

. . 762 


336 

. . 374 


142 

. 51, 52 


43 

. 64, 65 


47 

. . 374 


142 

. . 397 


155 

. . 5S2 

83 

245 

587 (5) 


255 

. . 5S2 

89 

246 

. . 419 


165 

. . 584 

4 

253 

582 (3) 


240 



285 



282 

. . 652 


283 



165 


82 

245 






































































Index 


451 


JOINT BOARD OF HIGHER CURRICULA—How constituted, term. . . 
Levy for higher institutions, to recommend changes. 

JOINT DISTRICTS—(see DISTRICTS)—Adjustment of property, etc.. 

Appeal does not lie from order of formation. 

Id . 

Appeals from order of establishment not allowed.. ! ! ! ! 

Apportionment, how made. 

Bonds—issuance by. !.!!!!!.!! 

levy for sinking fund. . 

method of determining valuation for issuance of. 

not to prevent formation. 

registration of .. 

Boundaries—county superintendent to keep record. 440 

transcript kept and certified. 

Cannot unite with other districts to form consolidated district.... 

Compulsory attendance act, enforcement in. 

Consolidated district may not join to form within five years of 

consolidation . 

consolidated bonus forfeited upon formation of joint district.. 

Defined . 

Directors, appointment until election. 

certificate of election and oath, filing of. 

vacancies, how filled. 

Dissolution, effect on former consolidated district. 

Districts, territory of in two counties may be formed into joint 

district . 

Formation and designation. 

Funds, transfer of. 

Map, contents and filing. 

Notices and hearing. 

Petition—aliens, head of a family may sign. 

for formation . 

Reports, to whom made. 

Taxes, excess cannot be recovered when clerk has failed to report 

census for levy in one county. 

non-high school district tax levy. 

Tax levy to pay indebtedness. 

Textbooks, second division, which county adoption governs. 

Transfers of territory, effected how. 

certified, how . 

Unorganized territory may be included in joint district. 

Withdrawal, part of district cannot withdraw of its own volition. . 

JUDGMENT AGAINST SCHOOL DISTRICT. 

JUDGMENTS—Attachment . 

Entry in condemnation proceedings. 

First class districts, issuance of emergency warrants to meet. 

Garnishment of district. 

Satisfaction . 

JUNIOR EXTENSION WORK—(see also BUREAU OF FARM DE¬ 
VELOPMENT)—Demonstration work.-. 

JUNIOR HIGH SCHOOLS—No legal authority for establishment. 

JUSTICE OF THE PEACE—Compulsory attendance act, jurisdiction. . 

may bind child over to superior court for commitment. 

Proceedings on conviction of children. 

Shall bind child over to juvenile court, when. 

JUVENILE COURT—Award and adoption of children. 

Board of visitation. 

Child shall not be detained in jail. 

Commitment, support of child. 

order of . 

proceedings under compulsory attendance act. 

Commitment to state training school. 

to parental school. 

to state school for girls. 

Court may change order. 

Court proceedings may be private. 

Dependent and delinquent children, who included. 

Detention rooms provided. 

Feeble-minded, commitment of. 

Fees not allowable. 

Hearings . 

award and adoption of children. 

Judge of, may issue permits for children to labor. 

Justice court cases transferred. 

Liberal construction of act. 

Parental schools, commitment. 

Penalty for delinquency of child. 

Petition to take charge of delinquent or dependent child. 

Probation officers, duties. 

expenses . 


Sec. Note Page 


33 

.. . 

40 

39 


41 

511 


214 

505 

’ ’ i 

213 

511 

2 

214 

411 

10 

162 

510 

... 

214 

803 


364 

804 

... 

364 

502 

3 

212 

463 


187 

800 

... 

362 

(12) 

... 

174 

509 


213 

481 

' 2 

198 

502 

5 

212 

502 

6 

212 

502 

7 

212 

501 


211 

505 

... 

212 

506 

... 

213 

507 

. . . 

213 

508 

3 

213 

502 

4 

212 

502 


212 

510 

... 

214 

509 


213 

504 

... 

212 

503 

1 

212 

503 

. . 

212 

513 


214 

510 

1 

214 

510 

2 

214 

512 


214 

409 

. . . 

160 

508 

. . . 

213 

509 

... 

213 

502 

8 

212 

508 

2 

213 

491 


206 

599 


263 

619 


267 

829 


372 

592 


260 

598 


263 

140 


64 

365 

9 

139 

355 


136 

357 


137 

173 


77 

390 


152 

387 


150 

396 


155 

389 


152 

386 


149 

386 


149 

357 


137 

191 


81 

67 5 


293 

199 


83 

393 


154 

388 


151 

379 


145 

391 


153 

222 


89 

394 


154 

f 384 


148 

) 388 


151 

387 


150 

377 


144 

390 


152 

392 


153 

674 


293 

395 


154 

383 


148 

381 


147 

382 


147 



















































































452 


Index 


JUVENILE COURTS—Continued. 


Summons and notice of 


Superior courts to be juvenile 
Terms defined . 


JUVENILES—(see also MINORS; CHILDREN) — 


Attendance, how counted. 

Establishment in first class districts. 

Free, in districts of first and second class- 

ages of children. 

census not affected. 

cost paid from general fund. 

coui’ses and rules. 


-power to establish. 


public school system, part of.. 

teachers to hold what certificates. 

Special certificates valid.. 

LANDS, Directors may condemn for site. 

Preference right to purchase. 

Public lands, proceeds credited to permanent fund, when. 

Purchase of school lands for site. 

State college—scientific school lands assigned.. 

State normal schools—income accrues to normal school fund. 
Subject to eminent domain. 


for improved road systems. 

under commercial water-ways act. 601 

assessment of benefits. 

University forestry station, exchange. 

rentals paid into current fund. 

sale moneys paid into permanent fund. 

sale or lease of old site must be ratified. 

LAND GRANTS, COLLEGES—(see also STATE COLLEGE OF 
WASHINGTON) — 

Morrill act funds allotted. 

LEASES, Directors may lease property for community purposes. 

LEVIES—(see TAXATION) — 

District taxes may be levied. 

LIABILITY—(see ACTIONS)—Actions against districts. 

Directors liable for" loss ensuing from dismissal of school on 

November 11 . 

Districts cannot be exempted from, for teachers’ salaries for 

holidays . 

Teachers’ right of action for breach of contract. 

LIBRARIES, Annual appropriation. 643 


County circulating, establish 

bills certified . 

books must be recommf 
purchase by county 


tax levy for. . 
Districts may aid 
Districts may esta 


circulating 


Immoral and pernicious books to be excluded.... 

Injury to books by pupils, penalty. 

Second cla,ss districts, directors to provide. 

State committee—state superintendent a member. 

State normal schools to provide. 

Tax levy . 


Union high school, may establish. 

Value to be included in computing district assets. 

LIENS—(see BONDS, CONTRACTORS)—Levy for bond interest and 

sinking fund to be lien on district. 

LIFE CERTIFICATES AND DIPLOMAS—(see CERTIFICATION) — 


State college life diplon 
State normal school life 


Territorial and state not invalidated... 
University life diploma. 

LIMITATION OF INDEBTEDNESS—(see 


INDEBTEDNESS). 780 


Sec. 

Note Page 

388 


151 

222 


89 

384 


148 

385 


149 

381 


147 

( 379 


145 

l ••• 


146 

387 


150 

635 


276 

635 


276 

1 (4) 


285 

633 


275 

633 


275 

634 


275 

635 


276 

633 


275 

528 


222 

634 


275 

636 


276 

300 


114 

608 


265 

607 


265 

748 


331 

606 


265 

119 


59 

159 


71 

601 


263 

603 


264 

604 


264 

601 


263 

602 


264 

85 


51 

71 


48 

70 


48 

74 


49 

120 


59 

638 


278 

779 


345 

596 


262 

400 

1 

156 

321 

7 

123 

411 

4 

162 

643 


280 

1 (4) 


255 

453 


185 

455 


185 

457 


185 

458 


185 

456 


185 

454 


185 

642 


279 

641 


279 

528 


222 

2 (9) 


240 

352 


133 

727 


310 

10 


32 

147 


67 

643 


280 

740 


321 

497 


209 

641 

’ i 

279 

804 


364 

I (3) 


34 

132 


63 

i 162 


71 

) 163 


73 

306 


117 

60 


4 5 

780 


346 
















































































Index 


453 


LIQUOR—(see ALCOHOL AND INTOXICATING LIQUORS) — 
Effects to be taught. 

MANNERS, To be cultivated in common schools. 


Sec. Note Page 

247 ... 96 

247 ... 96 


MANUAL TRAINING, District not liable for accidents. 594 

Plans for building shop do not require approval of supervisors... 639 

Schools may be established in first class districts. 661 (4) 

Special certificates valid. 300 

State custodial school to carry on. !!!!!!! 242 


. . . 260 
5 279 

... 285 

... 114 

93 


MAPS (see SUPPLIES)—Joint districts, county superintendent to 

supply state superintendent . 509 . . . 213 

Warrants withheld for third class districts when approval of 

county superintendent has not been obtained. 850 ... 379 


MARINE BIOLOGICAL PRESERVE—Director at university to have 


custody . 93 ... 53 

Established . 92 ... 53 

Penalty for trespass. 94 !!! 53 


MEDICAL INSPECTION, Directors to provide for, in first class dis¬ 


tricts . 661 (13) ... 285 

Directors of second class districts cannot employ. 419 8 165 

Except in districts of first class, not authorized to employ.j 582 96 246 

l . .. 108 247 


MEETINGS—(see also SPECIAL MEETINGS)—Annual convention 

of county superintendents. 6 ( 8 ) 

Community meetings authorized. 637 

Directors’ meetings. 440 (17) 

Disturbing school meetings, penalty. 426 

Doors of buildings used for, to swing outward and be unlocked.. . 28 

Expenses of attendance of representatives paid, when. 5 84 

Normal school principals to attend. 153 

Special meetings, how called. 528 

State superintendent to attend. 6 ( 4 ) 

MILK, Directors may furnish free in first class districts. 669 


MINIMUM LENGTH OP SCHOOL TERM—Eight months in first 


class district . 661 (5) 

Failure to have, cause for disorganization. 514 

Maintenance of school not mandatory when limit of indebtedness 

has been reached.j 244 

May be lengthened by vote of special meeting. 528 

No penalty imposed upon union school for failure to maintain.... 244 

Required for apportionment for new district. 469, 470 

Six months prescribed. 244 

for second class districts. 732 

Voters may determine existence at special meeting. 528 


1. 3 
5 

’ ‘4 


ii 


29 

277 

174 

168 

38 

252 

69 

222 

29 

292 


285 

215 

94 

222 

94 

191 

94 

318 

223 


MINORS, Admission to saloon, dance hall, public pool hall, billiard 


hall, or gambling establishment, penalty. 374 ... 142 

Automobiles, minimum age of drivers. 632 ... 275 

Employment permits in districts maintaining part-time schools 275-277 ... 107 

Fire arms, giving or selling to, penalty. 374 ... 142 

Gambling, permitting of, penalty. 374 ... 142 

Giving or selling liquor or tobacco to, penalty. 374 . . . 142 

Places where narcotics are used, admission to, penalty. 374 ... 142 

Possession of tobacco, penalty. 374 ... 142 

MONEYS—(see also FUNDS; REVENUES, SCHOOL) — 

Arising from tax for higher institutions. 35 ... 40 

uses of . 37 ... 40 

County superintendent to turn over certain. 440 (19) ... 174 

County treasurer to receive, hold and pay out for districts. 856 (1) ... 379 

County treasurer to remit to state treasurer. 856 (7) . . . 379 

Failure of officer to deliver to successor. 424 . . . 168 

Fees for teachers’ certificates credited to institute fund.f 450 ... 183 

1 293 ... Ill 

Fines, etc., credited to current state school fund. 762 ... 336 

failure to pay over, penalty. 422 ... 167 

First class districts shall pay out, how. 656 ... 283 

For certified copies of papers. 6 (18) ... 29 

Joint districts, transfer of funds in. 510 ... 214 

Liability of clerk for loss to district. 423 ... 167 

Misapplication by school officers, penalty. 424 . v 168 

New districts, entitled to. 471 ... 192 

Officers to deliver to successors. 585 ... 254 

Religious instruction or exercise, not to be applied to....art. 1 11 .. . 19 

Tuition, transfer of, to county treasurer. 630 . . . 272 

MONTH, School month. 246 ... 95 
































































454 


Index 


Sec. Note Page 


MORALITY, Admission of minors to places injurious to morals. 374 

Evidence required for registering of certificate. 295 

Immorality, cause for revoking certificate. 307 

Must be taught.f 247 

l 315 

Normal school students, evidence required. 160 

State training school, to be taught. 193 

MORRILL ACT, Acceptance of. 122 

Funds allotted to state college. 120 

MOTOR VEHICLES—(see also TRANSPORTATION) — 

Motor vehicles owned by district exempted from licenses—regis¬ 
tration . 631 

drivers, minimum age. 632 


142 

112 

117 

96 

121 

71 

82 

60 

59 


275 

275 


MUNICIPAL CORPORATIONS, School district held to be.art. 8 

MUSEUM; At university, authorized. 


7 1 23 

88 . . . 53 


MUSIC, Special certificates valid 


300 


114 


NARCOTICS, Admission of minors where drugs are used, penalty.... 374 

Evil effects to be taught. 247 

Penalty for failure to provide teaching of effects. 248 


142 

96 

96 


NEW DISTRICTS—(see DISTRICTS)—Formation 


467 


191 


NIGHT SCHOOLS, Attendance, how credited. 771 

Directors in first class districts may establish. 661 (4) 

Directors may establish. 582 (12) 

Districts may not charge tuition to resident pupils. 630 

School room may be used for. 582 (10) 

Special certificates valid for. 300 

Vocational schools or classes—establishment. 271 


18 


342 

285 

240 

274 

240 

114 

105 


NOON INTERMISSION—Directors may fix length of. 246 6 95 

Not to be counted as part of minimum number of hours in 

school day . 24 6 2 95 

Permitted but not required. 246 2 95 

NORMAL DIPLOMA—(see CERTIFICATION)—From state college.. 132 ... 63 

From state normal schools. 163 ... 73 

From university . 60 (3) ... 45 

NORMAL SCHOOLS—(see STATE NORMAL SCHOOLS)—Certifi¬ 
cates and diplomas. 163 ... 73 

5 year diploma equivalent to first grade certificate for eligi¬ 
bility of county superintendent. 432 2 171 

NORMAL TRAINING DEPARTMENTS, Accrediting of. 17 ( 6 ) ... 34 

NOTICES—(see also ELECTIONS)—Adjustment of assets and lia¬ 
bilities of transferred territory, hearings. 474 ... 193 

Advertisement of bond issue.. 800 ... 362 

Alteration of district boundaries, posting. 474 . . . 193 

Bonds—county treasurer to notify holders of redemption or pay¬ 
ment . '..... 810 . . . 367 

holders to notify county treasurer of ownership. 810 ... 367 

state finance committee to be given notice of sale. 815 . . . 368 

Directors’ meetings, clerk to give. 587 ( 6 ) ... 255 

Elections, clerk to post. 522 ... 218 

for validation of indebtedness. 791 ... 354 

Elections in first class districts, in general. 707 ... 304 

to authorize tax levy. 665 ... 291 

Hearing for formation of new district, posting. 468 ... 191 

Hearing for property adjustment on annexation by extension of 

city limits . 479 . . . 197 

Parental school, notice of proceedings to parents. 675 . . . 293 

Petition for condemnation of school site, notice. 611 ... 266 

Union high school districts, election for formation. 492 ... 207 

OATHS, Administration in appeal cases. 414 ... 163 

Census returns, verification in first-class districts. 662 . .. 288 

Claims for services and supplies must be sworn to. 835 . . ! 374 

Claims to be verified. 835 . . ! 374 

County superintendent may administer, when. ( 440 (9) !!! 174 

\ 228 *. . ! 90 

County superintendent, oath of office.. 429 . . 170 

County superintendent, to be filed with. 579 ' '239 

Directors, oath of office attached to certificate of election. 527 222 

Directors, oath of office—in first class districts. 64 8 . . ! 282 

in second class districts. 724 .309 

in third class districts. 737 ’ ' ’ 320 

District officers may administer, when. 579 ' [ * 239 

Elections in first class districts—penalty for false swearing in 

registration . 716 ... 306 

penalty for false swearing upon challenge. 718 ... 307 

Examination of district accounts, administration. 834 373 

Fees not to be charged, when.. ’ 579 ' ' ' 239 

Inspectors of public offices may administer. 834 ' 373 

Of challenged voters. 525 2°0 














































































Index 


455 


OATHS—Continued. 

Of district officers, 


in joint 
Of election 1 
Of members 


of textbook commission. 


Secretary, first class districts, to take oath of office. 

State superintendent may administer. 

Violation, ground for recall of officer. 

Violation or failure to take vacates office. 

OFFICERS, Appeals from orders, decisions or failure to act. 

Attachment upon failure to satisfy judgment. 

County superintendent to see that laws are observed and fo 

lowed . 

Eligibility of elective officers—must be citizen and elector.... 

Executive officers of state named.art. 

First class districts—elected by roll call. 

Garnishment . 

Loss to permanent fund occasioned by, permanent debt to stab 

Oaths required . 

Of public school system. 

Penalty for exceeding revenue after validation of indebtedness 
Penalty for refusal or neglect of officers and employees to ke< 

accounts and make reports in prescribed manner. 

Recall—(see also DIRECTORS)—charges. 

Religious qualifications not to be required.art. 1 

Reports to be kept in required form—penalties.-. 

Salaries, affidavit not required for payment. 

Teachers are not public officers. 

Uniform system of accounts to be installed. 

Vacancies created, how. 

Vacancies in second and third class districts, how filled. 440 

OFFICES, Women may hold. 


Sec. Note Page 

440 (9) . 

. 174 

579 . 

. 239 

... 441 . 

. 179 


. 213 


. 219 

... 403 . 

. 157 

... 674 . 

. 293 


. 233 

. . . 653 . 

. 283 

. 6 (15) . 

29 

_ 563 . 

. 233 

_ 580 . 

. 239 

... 410 . 

. 161 

... 599 . 

. 263 

1- 


440 (1) . 

. 174 

... 516 . 

. 217 

3 1 . 

20 

_ 649 . 

. 282 

. . . . 592 

1 260 

3... 749 . 

. 332 

_ 579 . 

. 239 

_ 2 . 

28 

_ 796 . 

. 356 

3P 


_ 843 . 

. 376 


563 

11 

843 

835 

293 

841 

580 

(13) 

3 


233 

19 

376 

374 
111 

375 
239 
174 

28 


PAPERS, Certified copies—state superintendent shall make. 6 (9) 


PARENTAL OR TRUANT SCHOOLS, Age of commitment 

Attendance, credited for apportionment. 

Buildings, erection and furnishing of. 

Commitment—crime bar to admission. 

notice and hearing. 

petition for . 

under juvenile court act. 

violation of compulsory attendance act. 

Course of instruction. 

Discharge . 

Establishment . 

Fire drills . 

Incorrigibles sent to reformatory. 

Parents to provide clothing. 

Parole . 

violation of . 

Religious services . 

Return of child to juvenile court. 

Rules and regulations. 

Sites, purchase and location. 

Superintendent, etc., employment of. 

report of . 


670 
770 

671 
675 

675 
674 
386 
357 

672 

678 

670 
29 

680 

676 

677 

679 

673 

674 

677 

671 

672 

678 


29 

292 

341 

292 

293 
293 
293 
149 
137 

293 

294 

292 
39 

295 
294 
294 
294 

293 

293 

294 

292 

293 

294 


PARENTS OR GUARDIAN—(see JUVENILE COURT LAW; 

PARENTAL SCHOOLS) — 

Abusing a teacher, penalty... 

Compulsory attendance of children. 353 

penalty . ••••■•• t,ot) 

Deaf or blind children in state schools—cost of support to be 

paid when . 

penalty for neglect of duty. 317 

Feeble-minded children in state custodial school— 

cost of clothing borne by parents. 227 

cost of support to be paid, when. 212 

penalty for violation of law governing. 239 

Home not a private school..... • • 353 

Indigent parents, children to be provided with books. obi (lb) 

Lack of parental control constitutes delinquency. 279 

ground of commitment to state training school. 172 

Liability for injury to school property by pupil. . . . .• • *52 

Liable for non-attendance at free government schools. 371, 3/2 

Parental .school, consent to commitment. 674 

notice of proceedings for commitment. b/b 

Penalty for child delinquency.• .. 

Persistent disobedience of child constitutes delinquency. 3/9 


. 123 

. 134 

. 136 

87 

88 

90 

87 

92 

2 134 

. 285 

. 145 

76 

. 133 

. 142 

. 293 

. 293 

. 154 

. 145 












































































456 


Index 


PARENTS OR GUARDIAN—Continued. Sec. Note Page 

School census, must report for. 587(3) ... 255 

names to be taken in first-class districts. 662 ... 288 

Vaccination, consent required in first class districts. 661 (13) ... 285 

PARKS—(see also PLAYGROUNDS)—District not liable for accidents 594 ... 260 

PATRIOTISM, Failure to teach is ground for revocation of certificate 287 . . . 109 

Must be taught. 315 ... 121 

PATRONS, Action against clerk for loss to district. 423 ... 167 

Appeal from county superintendent concerning union high school.. 499 ... 210 

May petition for commitment to parental schools. 674 ... 293 

Petition for change of election date. 521 ... 217 

Petition for district of less than four sections. 465 ... 189 

Right of appeal. 410 ... 161 

PART-TIME SCHOOLS—(see also VOCATIONAL EDUCATION) — 

Establishment . 271 ... 105 

Organization of schools or classes. 278 ... 107 

PAY ROLLS, Affidavit required. 835 ... 374 

PECUNIARY INTEREST, Of directors in contract, forbidden. 584 ... 252 

PENALTIES—(see FINES)—Abusing teacher. 320 ... 123 

Accounts, failure of officers to keep. 843 ... 376 

Alien knowingly teaching or permitted to teach without permit.. 288 ... 110 

Buildings, for failure to swing doors outward. 28 ... 38 

Clerk, failure to report. 423 ... 167 

Compulsory attendance act, false report. 361 ... 138 

County superintendent, for failure to make reports. 439 ... 174 

Deaf or blind youth, failure to obey law concerning. 217 ... 88 

Directors, first class districts, absence from meetings. 658 ... 284 

illegal employment of teachers. 424 ... 168 

Disobedience of process upon inspection of public offices. 834 ... 373 

Disobedient pupils may be suspended or expelled. 582 ( 6 ) ... 240 

Disorderly conduct of pupils. 313 ... 121 

Dissection law violation. 27 ... 38 

Disturbing school meetings—commitment to reform school for. ... 426 1 168 

Employment of teacher not qualified. 424 ... 168 

Exceeding revenue after validation of indebtedness. 796 ... 356 

Failure to attend board meeting in first class districts. 658 ... 284 

Financial examination of districts, refusal of witness to appear. . . 834 ... 373 

For failure of county superintendent to enforce teaching of 

hygiene . 249 ... 96 

For failure of new district to have one month’s school. 470 ... 191 

For failure to attend an institute. 449 . .. 183 

For failure to deliver books to successor. 424 ... 168 

For failure to enforce course of study and rules. 316 ... 122 

For failure to provide for teaching of hygiene. 248 ... 96 

For failure to use adopted textbooks. 425 ... 168 

For false swearing in registration. 716 ... 306 

For false swearing regarding challenge of voters. 718 ... 307 

For injury, etc., to public record. 424 ... 168 

For issuing warrants to teacher not legally qualified. 425 ... 168 

For revocation of certificate. 308 ... 118 

Gambling near university. 69 ... 48 

Immorality of teacher. 307 . . . 117 

Injury of school property by pupil. 352 ... 133 

Intemperance of teacher. 307 . . . 117 

Pool halls near university. 69 ... 48 

Pupils, false report of presence. 318 ... 122 

Pupils, for disobedience and defiance of teacher’s authority. 351 ... 133 

Recall, corrupt practices. 578 ... 238 

Recall petitions, false signature or .statement. 577 ... 238 

Revocation of certificate.f 287 ... 109 

X 307 ... 117 

Schoolhouses, for failure to swing doors outward. 28 ... 38 

State custodial school, violation of law regarding. 239,240 ... 92 

State school for girls, for enticing girls away. 202 ... 84 

Teacher—crime . 307 ... 117 

failure to make reports and keep i-egisters.( 312 120 

1 317 ... 122 

immorality . 307 ... 117 

intemperance . 307 ! ! . 117 

revocation of certificate. ( 287 !.'! 109 

* . , „ ( 307 '. ! . 117 

unprofessional conduct . 307 ... 117 

violation of written contract. 307 11 7 

Tobacco, possession by minors. 374 142 

University, gambling and pool halls near gi'ounds. 69 !!. 48 

PENMANSHIP, Special certificates valid. 300 ... 114 

PERMANENT SCHOOL FUND—(see REVENUES, SCHOOL). 748 ... 331 











































































Index 


457 



107 

247 


. . 

37 


Ill 

247 


• • • 

37 


Sec. Note 

PERMITS, Employment of minors in districts maintaining part-time 

schools . 275 

For alien teachers. 286 

Minors, for automobile driving. [!!!.!!632 

Superior court judges may issue for employment of minors..!.!! f 376 

1 377 

PETITIONS, Alteration of district boundaries, contents. 474 

Annexation of third class districts without high school, not required 474 

Disorganization of school district—not required, when. 514 

Formation of district, contents. 467 

Joint district, for formation and hearings. 503, 504 

Special meeting, majority of voters may call. 528 

Union high school districts, formation. 491 

PHYSICAL EDUCATION—Athletic purposes, purchase of property 

for by districts of the first class. 

Athletics—participants excused . 

Ball park, joint ownei^ship unlawful. 

Courses of study for first eight grades. 

Districts may purchase or condemn land for athletic fields and 

play grounds . 608 

Excuses of individual students. 20, 21 

High schools . 

Military science—participants excused. 

Physical exercise to be given in public schools. 

Plans for building gymnasium do not require approval of si 

visors . 

Playground supervision may be required of teachers. 

Private natatorium, districts of first class may not support. 661 

Recess period may be used for. 

School officers to enforce courses. 

Special certificates valid. 300 

State board of education to enforce courses. 

State college of Washington. 

State normal schools. 

Superintendent of public instruction to distribute courses.. 

Swimming tanks . 

Swimming tanks, expenditures of district funds for. 582 

University of Washington. 

PHY'STCIANS, Certificate of required for return to school. 419 

Medical inspector in first class districts. 661 

PHYSIOLOGY AND HYGIENE, Effects of alcohol and narcotics to 

be taught .. 247 

PISTOLS, Sale to minors, penalty. 374 

PLAYGROUNDS—Ball park, joint ownership unlawful. 582 

District may purchase or condemn land for. 

Districts not liable for accidents. 594 

Purchase of property by districts of the first class. 


Page 

107 

109 

275 

143 

144 

193 

193 

215 

190 

212 

222 

206 



608 

1 

265 


20, 21 

... 

37 


21 

. , , 

37 


21 

... 

37 


247 


96 


639 

5 

279 


20 

1 

37 


661 

7 

286 


20 


37 


24 


38 


300 


114 


22 


38 


21 


37 


21 


37 


23 


38 


20 

i 

37 


582 

106 

247 


21 

• . . 

37 


419 


165 

661 

.o 

(13) 


285 


247 

• . . 

96 


374 

. . • 

142 


582 

111 

247 


608 

1 

265 


594 

. . 

260 


582 

107 

247 


for 


Habitual visitation constitutes deli 
Prohibited near university grounds, 


PRINCIPAL, Authority 


Consolidated districts, powers and 


Fire drills required, 


Physical education, to enforce course of study. 


Report of 


Teachers 


Attendance- how credited- 

Children may attend. 

Fire drills required in.... 
penalty for failure... 


-must 


582 (10) 


240 

... 374 


142 

... 379 


145 

67 


48 

... 246 


95 

... 661 


285 

. 17 (7) 


34 

... 741 


322 

... 358 


138 

... 358 


138 

... 488 


204 

... 405 


158 

... 318 


122 

29 


39 

677, 678 


294 

... 427 


169 

24 


38 

... 768 


340 

. . . 312 


120 

... 681 


295 

... 731 


317 

. . . 312 


120 

... 741 


322 

. 17 (5) 


34 

. 6 (10) 


29 

... 768 


340 

... 353 


134 

29 


39 

30 


39 


















































































458 


Index 


PRIVATE SCHOOLS—Continued. 

Normal training departments accredited by state board. 17 

courses approved by state board. 17 

Secondary schools accredited by state board. 17 

Secret societies bar to accrediting. 17 


PROBATION OFFICERS—(see also JUVENILE COURT LAW) — 
Appointment and duties. 

PROJECT WORK, Demonstrations by agricultural, home economics 

and club experts. 

Smith-Hughes work . 

PROMOTION. In districts of first division, based upon minimum 

credits . 

PROPERTY—(see DISTRICTS)—Directors to have custody. 

PROSECUTING ATTORNEY—Complaints under compulsory at¬ 
tendance act . 

Member of election board- 

in class A and first class counties. 

in port districts containing first class school district not in 

class A or first class counties. 

Notice of condemnation proceedings, to sign. 

Teachers’ retirement fund—to be attorney for in first class dis¬ 
tricts . 

To enforce penalty for failure to enforce teaching of hygiene. . . . 

To give legal advice to directors and superintendents. 

To represent county and districts. 

PUBLIC DOCUMENTS, State superintendent shall make copies. 6 

PUBLIC LANDS, Proceeds credited to permanent fund, when. 

PUBLIC SCHOOLS, Administrative officers of. 

Compulsory attendance—(see also COMPULSORY ATTENDANCE) 

Embraces what classes of schools. . . .. 

Kindergartens, free, to be part of. 

Legislature to establish uniform system.art. 9 

Provision for establishment and maintenance guaranteed .art. 26 

State board of education shall unify. 

State superintendent to have supervision over. 6 

PUNISHMENT—(see also FINES and PENALTIES)—Corporal, 

allowed . 

For injuring school property. 

Unjust, defined, penalty. 

PUPILS—(see also COMPULSORY ATTENDANCE)—Absence and 

tardiness, excuses required. 

Admission— 

authority of directors to refuse admission to children six 

years of age except at beginning of a term. 

child under six years of age at beginning of term to be ex¬ 
cluded . 

Adults may attend school, when. 

Ages of, for admission to common schools. 

night school maximum, no limit. 

Attendance of outside pupils credited to resident district—clerk 

to make claim. 

private school to report.! . . ! 

Automobiles, minimum age of drivers. 

Board, district may not furnish in lieu of transportation....!.!! 


Census in first class districts. 

in general . 587 

Compulsory attendance, ages of. 

at free government school.!! !! ! 

Contagious disease bar from school..•. 

Course of study, shall pursue. !.!!! 

Directors to enforce rules governing. 582 

Dismissal, time of. 


Disorderly conduct constitutes delinquency. !.!.!!!!!. 

District cannot pay for instruction of all pupils in an adjoin¬ 
ing district . 

Disturbing school meetings—liable to penalty.......!.!!!.!!. 

Eighth grade graduates, admission for review may be refused.. 

Employment of children of school age forbidden. 

Examination of eighth grade graduates. 

Exclusion under six years of age.. 582 

Expulsion—for disobedience .. ... 

l d • ■ ... 582 

for refusal to salute flag. 

Extent of jurisdiction of teacher.!! ! ! ! 

False report of presence, penalty. !!!!!!!. 

Fire drills . .!!!!!!!!!!!!!!!! 

Flag salute required. .*...!!!!!!!!!!!!!!!!!!!!!!!! 

Grade, authority of teacher to determine. 

High school attendance, how credited.! 

High school, from outside the state. !!!!!!!!!!!! 

High school, time of year when pupils may be admitted. . . . !!. !!. 


Sec. Note Page 


(6) 


34 

(2) 


34 

(5) 


34 

(5) 


34 

381 


147 

140 


64 

271 


105 

405 


158 

605 


264 

360 


138 

535 


226 

545 


229 

611 


266 

684 


297 

249 


96 

590 


258 

589 


258 

(9) 


29 

748 


331 

2 


28 

353 


134 

1 


28 

634 


275 

2 


23 

4 


27 

18 


37 

(1) 


29 

313 


121 

352 


133 

314 


121 

353 


134 

582 

115 

247 

582 

116 

247 

630 


273 

243 


93 

771 


342 

767 


339 

768 


340 

632 


275 

582 

157 

250 

662 


288 

(3) 


255 

353 


134 

372 


142 

419 


165 

351 


133 

(2) 


240 

246 


95 

351 

' 2 

133 

514 

5 

215 

426 

3 

168 

365 

1 

139 

354 

.... 

136 

365 

... 

139 

(6) 


240 

351 

. . 

.133 

(6) 


240 

313 

’ ’ 3 

121 

313 

2, 4 

121 

318 

122 

29 


39 

628 

... 

272 

319 

1 

123 

769 

... 

341 

630 

... 

273 

583 

's 

252 








































































Index 


PUPILS—Continued. 


Lunches, directors may not furnish. 


Medical inspection—by volunteer nurse pe 
Military reservation, admission of residents, 


Milk may be furnished free in first class districts, 


Model training- 


Physical education compulsory—in grades, 
in high schools . 


Residence—boy resides in district in which his parents reside. 


Residents of other states, admission and tuition 


ship 


459 

Sec. Note 

Page 


352 


133 


633 

# , 

275 


582 

124 

248 


314 


121 


419 

11 

165 



9 



630 •{ 

19 

274 



21 



669 

, , , 

292 


313 

1 

121 


156 

• . . 

70 


287 


109 


254 


98 


275 


107 


20 


37 


21 


37 

661 

(5) 


285 


768 


340 


767 

. . • 

339 

.s. . 

405 

. . . 

158 


419 


165 

9 

1 


23 


630 

i 

273 


630 

5 

273 


630 

25 

275 


243 


93 

. 17 

(7) 

. • • 

34 

r- 





351 

1 

133 

661 

(12) 

• . • 

285 

. 17 

(5) 

. . • 

34 


Sex, distinction on account of prohibited. art. 9 1 

Sickness—teachers may send home without authority of health 

officer . 419 

State training school ages. 171 

Suspension, expulsion and exclusion by directors. 582 (6) 

for injury to school property. 352 

Suspension of, by teacher. 313 

Textbooks free, rules concerning. 5 82 (7) 

must provide .. 582 (8) 

Transportation of . 582 (11) 

Id . 259 

Tuition—charge to be made against individuals and not against 

districts . 630 

Union high schools, credit for high school work. 496 

Vaccination of, in first class districts.. . 661 (13) 

may not be required as condition of school membership in 

second and third class districts. 243 

Vermin, duty of directors when childi*en are infested. 582 

PURCHASING AGENT—Clerk may serve 
County superintendent may act as 


10 


12 

15 


584 
4 35 


First class districts, secretary may be authorized to act. 652 

RACE—Distinction on account of, prohibited. art. 9 1 

READING CIRCLE BOOKS—State board of education may prescribe 

for pupils . 367 

REAL ESTATE—Condemnation for school house sites. (608 

( 609 

Deeds, power of directors to make. 00 ; > 

District may purchase, hold or sell. 464 

Purchase or lease in second class districts. <29 

Title to vested in district. 60° 

READ PROPERTY—Acquisitions for community purposes. 638 

RECALL—(see also DIRECTORS)—Charges. 563 

Corrupt practices, penalty. 57 < 

Duplication of signatures, penalty. 

Office declared vacant, when. 5/& 

Petitions, false signature, penalty.. b l i 

RECORDS—Certified copies of records of superintendent of public 

instruction .....••• 

Clerk’s county treasurer to remit to state treasurer for. . . ..... 856 (7) 
Consolidated districts, clerk to record payment of indebtedness. . 489 

County superintendent to preserve. 440 (<) 

Decisions on appeal. .••••••• v V • *..1. tku 

First class districts, county superintendent to inspect..... boo 

Joint districts, county superintendent to record findings and terms 

of adjustment . j?li 

Officers to deliver to successors. 5»o 

Penalty for failure to deliver to successor. . . . ....... ... 

Proceedings of special meetings to be part of district records.... 5^9 

Production on appeal.. 

Secretary of first class district to make. 00,5 


23 

165 

75 

240 

133 

121 

240 

240 

240 

100 

274 

209 

285 

93 

245 

252 

172 

283 
23 

140 

265 

266 
264 
18S 
314 
264 
278 
233 
238 
238 

237 

238 

29 

379 

205 

174 

164 

284 

214 

254 

168 

223 

163 

283 










































































460 


Index 


RECORDS—Continued. 

State board of finance. 

State superintendent of school to preserve. 

State superintendent to keep at capitol.art. 


RECREATION—Use of school property for.. 

REFORM SCHOOLS—(see STATE TRAINING SCHOOLS)—State 
training school, establishment. 

REGENTS BOARD OF—(see STATE COLLEGE; UNIVERSITY 
OF WASHINGTON)—Are administrative officers of public 

school system . 

Military equipment, regents may give bonds for safe keeping. . . 

Vacancies to be filled by appointment. 

War department, may give bonds to. 

REGISTERS, TEACHERS—Clerks to furnish teacher with. 587 

County superintendent shall inspect. 

County treasurer to remit moneys for. 

State superintendent shall prepare. 6 

Teachers must keep. 

REGISTRATION—(see also ELECTIONS)—In first class districts, 

required . 

Of voters living outside city in first class districts. 

books for . 

delivered to election clerks. 

challenges, how taken. 

expenses for . 

false swearing, penalty. 

qualifications required . 

required only once a year. 

transfer of . 



Sec. 

Note Page 


751 

... 332 


6 

29 

3 

:s, 

24 

20 

440 

(10) 

... 174 


637 

... 277 


170 


State college, non-sectarian. 

University to be free from religious control. 

REPAIRS—Authorized . 582 

Department in first class districts. 661 (9) 

REPORTS—Accounts, officers to make reports. 

Attendance officers . 356 

Census in first class districts. 

Clerk’s annual report to county superintendent. 587 (4) 

failure to make, penalty. 423 

Consolidated districts, clerk of component to report full payment 



136 


63 


96 


55 


136 


63 

587 

(7) 


255 


441 


179 

856 

(7) 


379 

. . 6 

(3) 


29 


317 


122 

s. 


710 


305 


713 


306 


711 


305 


719 


307 


718 


307 


714 


306 


716 


306 


715 


306 


715 


306 


717 


306 


628 

3 

272 

. . 20, 21 


37 

582 

(10) 


240 


418 


165 


673 


293 


95 


54 


66 


47 

582 

(3) 


240 

661 

(9) 


285 


842 


376 


356 


137 


662 


288 

587 

(4) 


255 


423 


167 


County auditor, annual report to county superintendent. 


shall require 
to distribute 
County treasure] 
Districts to make 
Examination of 


Monthly reports of county treasurer to secretaries and clerks. 


Private 


Secretary’s annual report, first class district. 


State superintendent. 


Teachers’ final report required before issuance of last warrant 


Union high school teachers. 

University regents, biennial report. 




205 

... 855 


379 

440 (11) 


174 



337 

... 487 


203 



191 

... 513 


214 


2 

123 



184 

440 (10) 


174 

440 (6) 


174 

... 441 


179 

440 (3) 


174 

856 (3) 


379 



376 



373 

... 834 


373 

661 (13) 


285 

856 (5) 


379 



68 

... 678 


294 



167 

) 424 


168 



340 



299 



283 



57 



73 



29 

. . 6 (9) 


29 

... 851 


379 

ts 





379 



209 

. 60 (6) 

• • . 

45 


75 


28 










































































Index 


461 


RETIREMENT FUND—(see also TEACHERS’ RETIREMENT 

FUND)—Local funds . 

State funds established. 


Sec. Note Page 


682 ... 296 

322 ... 125 


REVENUES—Credited to district general fund. 779 

Current fund, apportionment of. 763 

State tax must be exclusively applied to support of common 

schools ... art. 9 2, 3 


REVENUES, SCHOOL—Accounting, uniform system to be installed.. 841 

Bond redemption fund. 804 

levy for . 814 

sinking fund . 804 

Budgets in first class districts—(see also BUDGETS). 822 

Building fund, accumulation in first class districts. 830 

Closing of accounts and transfers. 833 

Common school fund, permanent and irreducible. 74 8 

Id . art. 9 3 

how invested .,. 753 

interest applied to current state school fund. 758 

loss to, a permanent debt to state. 749 

Id . art. 9 5 

sources of . 748 

County general fund, compulsory act fines credited, when. 362 

County school tax, levy and limit. 776 

based on school census. 777 

how apportioned . 778 

County treasurer to receive, hold and pay out for districts.... 856 (1) 
Current school fund—fines for abusing teacher to be credited.... 320 

fines for maltreatment of pupil credited. 314 

penalty for failure to enforce teaching of hygiene paid into 

fund . 249 

state auditor to certify amount of. 761 

state tax levy, amount certified and collections reported.... 761 

* Donations and bequests for common schools accrue to permanent 


fund . 748 

Educational institutional funds, how invested. 753 

Escheats and forfeiture credited to permanent fund. 748 

Examination of accounts. 834 

expenses to be borne by district. 839 

Failure to pay over moneys, penalty. 422 

Fines for violation of compulsory school law, disposition.... 362,363 

Fiscal year for school districts defined. 837 

General school fund of school districts, how constituted. 779 

moneys for sale of bonds credited to. 801 

Grants to state credited to permanent fund, when. 748 

Institute fund certification fees credited. 293 

examination fees credited. 450 

fund may be used for extension work. 164 

New district, when entitled to funds. 469 

Normal school funds—created. J 35 

I 38 

levies, amount . 39, 40 

Permanent school fund—(see Common school fund, above). 748 

Public lands, proceeds credited to permanent school fund, when.. 748 

Revolving fund, state normal schools. 160 

School district, funds, created. 779 

School district tax, authorized. 779 

Scientific school funds, how invested. 753 

Separate accounts to be kept. 833 

State college funds, how invested. 753 

regents to make investments. 106 

scientific school fund . 318 

Unappropriated funds to be credited to permanent school fund. ... 748 

Uniform system of accounts to be installed.. ... 841 

University funds, how invested. 753 

Vocational education—state treasurer to be custodian. 267 

tax levy . 272 

Warrants issued by auditor for second and third class districts.. 845 


REVOCATION OF CERTIFICATES—(see CERTIFICATES AND (307 

DIPLOMAS, Revocation)—General provisions. ) 309 

RULES—Common schools, government—state board to prescribe.. 17 (7) 

County board may adopt, consistent with. 4 61 (4) 

County circulating library. 4 61 (3) 

Directors may enforce.5 82 (2) 

Disobedience by pupils, penalty. 582 (6) 

Failure to enforce, penalty.• • 

Failure to obey, consequence. 5 82 (b) 

First class districts, directors may adopt and enforce. 661 (4) 

For teachers’ examinations—county superintendent to enforce. . 4 40 (4) 
Parental schools, adoption by directors. 677 

School roomsAuse of, directors may prescribe. 582 (10) 

State board of finance to adopt. 752 


345 

337 

23 

375 

364 

368 

364 

370 

372 

373 
331 

23 
332: 

334 
332- 

24 
331 
139 
344 
344 

344 
379 
123 
121 

96 

335 
335 

331 

332 
331 
373 
375 
167 
139 
375 

345 
363 
331 
111 
183 

73 

191 

40 

41 
41 

331 

331 
71 

345 

345 

332 
373 
332 

57 

59 

331 
375 

332 
104 
103 
377 
117 
113 

34 

183 

183 

240’ 

240' 

122 

240 

285 

174 

294' 

133 ’ 

240' 

332 






































































462 


Index 


RULES—Continued. 

State manual to contain. 

State superintendent to print and distribute 

Teacher to enforce. 

Textbooks, free, rules concerning. 

RURAL LIFE—Bureau of farm development 


Sec. Note Page 


6 (17) 
. 6 (3) 
. . 319 
582 (7) 


29 

29 

123 

240 


137 


64 


SAFETY—County superintendent to approve building plans for third 

class districts . 747 

Doors of public buildings to swing outward. 28 

“Slow Down” signs to be erected near schools. 420 

SANITATION—Demonstration work . 140 

Directors, duty regarding. 582 (4) 

Medical insx^ector to report on. 661 (13) 

SATURDAY—Annual school election held on, except. 521 

Part-time schools, hours of. 278 

Schools not to be taught. 321 

Teachers’ contracts cannot require school to be held. 321 

SCHOOL AGE—Admission to common schools. 243 

County tax to equal ten dollars per child of. 776 

Night schools, no maximum limit.. 771 

State tax to equal twenty dollars for each child of. 760 

SCHOOL BOARDS—(see DIRECTORS) . 582 

SCHOOL BOOKS—(see also TEXTBOOKS)—Textbooks, adoption.... 402 
SCHOOL CALENDAR. 


SCHOOL CENSUS—(see CENSUS)—Clerk shall take. 587 (3) 

SCHOOL CODE—Designation and intent. 860, 861 

State manual to contain excerpts. 6 (17) 


. 330 

38 

. 166 
64 

. 240 

. 285 

. 217 

. 107 

. 123 

6 123* 

93 

. 344 

. 342 

. 335 

. 240 

. 156 

8 

11 


3S2 

29 


SCHOOL DAY—Half day’s attendance cannot be construed as a full 


day . 246 

Holidays enumerated . 321 

In first class districts.. 661 (5) 

Kindergartens . 635 

Length of, directors may extend. 246 

May be in one session . 246 

Noon intermission—by-laws of directors may define. 246 

directors may fix length of. 246 

not to be counted in determining minimum. 246 

Part-time schools, length of session. 278 

Primary grades . 246 

Saturday attendance not to be counted. 321 

Saturday not a school day. 246 

Single session in districts of first class. 661 

SCHOOLHOUSES—(see also BUILDINGS)—Bonds, issuance for_ 798 

Community purposes, use for. 637 

County superintendent to approve plans for, when. (442 

1 747 

apportionment shall be withheld to enforce. 775 

power to enforce provision. 440 (20) 

Deeds, power of directors to make. 605 

Second class districts, acquisition and sale. 729 

Third class districts, acquisition and sale. 746 

Uses authorized . 582 (10) 

SCHOOL LANDS—Held under contract, taxation of. 602 

Proceeds from, go to common school fund. 748 

Sites, purchased from. 606 

SCHOOL LAW—Printed and distributed by state superintendent.... 6 (6) 

Questions on, decided by state superintendent. 6 (14) 

State manual to include excerpts from. 6 (17) 

SCHOOL MONTH—Length of. 246 

Teachers’ contracts should specify time of employment by months. . 246 

SCHOOL OFFICERS—(see OFFICERS)—Administration of public 

school system, officers of.. 2 


7 95 

. . 123 

. . 285 

. . 276 

8 95 

3 95 
95 

6 95 

2 95 

. . 107 

95 

5 123 

4 95 

2 286 

. . 357 

. . 277 

. . 180 
. . 330 

. . 343 

. . 174 

. . 264 

. . 314 

. . 327 

. . 240 

. . 264 

. . 331 

. . 265 

29 

29 

29 

95 

1 95 


28 


SCHOOL REVENUES—(see REVENUES, SCHOOL) 


748 ... 341 


SCHOOL ROOM—Attention to be given to ventilation and tempera¬ 
ture . 247 


96 


SCHOOLS—(see BUILDINGS, COMMON SCHOOLS and PRIVATE 

SCHOOLS)—Admission of pupils. 243 


93 


SCHOOLS FOR DEFECTIVE YOUTH—(see also DEFECTIVES and 
STATE CUSTODIAL SCHOOL)—Establishment in districts of 

the first class. 661 (4) ... 285 

State custodial school, establishment. 218 ... 88 


SCHOOL TERM—Clerk to report proposed length to county superin¬ 
tendent . 587 (7) ... 255 

County superintendent to keep record of length in each dis¬ 
trict . 440 (10) ... 174 

Fractional teacher credit for less than eight months’ employment. . 778 . . . 344 






































































Index 


463 


SCHOOL TERM—Continued. 


Sec. Note Page 


Minimum length of term. 244 

excess of, special meeting to authorize. 528 

in first class districts. 661 (5) 

in second class districts. 732 

SCHOOL WEEK—Length of. 246 

SCHOOL YEAR—Begins and ends, when. 245 

Defined as nine months for certification. 246 

SECONDARY SCHOOLS—(see HIGH SCHOOLS)—State board to 

examine and accredit. 17 

SECOND CLASS DISTRICTS—(see DISTRICTS, Second Class) — 
Definition . 

SECRETARY—(see also CLERKS, SCHOOL DISTRICT and DIS¬ 
TRICTS, First Class)—Bond of..... . 

Books and documents, to have custody!. 

Business manager, may be authorized to act as. 

Census to be taken. 

to furnish copy to superintendent, principal or teacher. 

County treasurer to make monthly statement to. 856 

to report cancelled warrants monthly. 856 

Deeds, execution of. 

Duties of .. 

Election and salary... 

petition of candidates filed with. 

l'egistration books, how secured. 

First class districts, to notify secretary of fund of employment 

of new teachers. 

For validation of indebtedness, return to secretary. 

High school districts—buildings, costs not to be included. 

costs of grade and high school work to be pro-rated. 

report to county superintendent, contents. 

to certify costs. 

Journal of proceedings, to keep. 

Nominations to be filed with, in class A and first class counties. . . 

Purchasing agent, may be authorized to act as. 

Removal of . 

Report of, annual. 

Shall take school census. 

Superintendent of buildings and janitors, may be authorized to 

act as . 

Teachers’ retirement fund—first class districts—membership cer¬ 
tificates, to be transmitted and recorded. 

To attest and seal. 

Validation of indebtedness—bonds, to sign and seal. 

Warrants drawn and signed by. 


SECTARIAN INFLUENCE—(see also RELIGION)—Public schools 
to be free from sectarian control or influence. 

SEX—Discrimination in teachers’ compensation on ground of, pro¬ 
hibited . 

Women may hold offices. 

SIGNS—“Slow Down” required near schools. 

SINKING FUND—(see BONDS)—Commissioners to levy. 

SITES—'Bonds may be issued to purchase. 


Directors may condemn land for. 


First class districts, directors may purchase. 

General fund cannot be used to purchase land. 

Location, question must be submitted to voters... 

Purchase or sale of, special meeting may authorize. 

School lands, purchase for... 

Second class districts—purchase, lease, sale or change. 

adjacent property, directors may acquire by unanimous vote. . 

Taking private property for, authority. 

adjournment of proceedings. . . . .. 

appeal to supreme court, limitation. 

not to stop taking possession. 

clerk of court not to charge fees. 

compensation when jury is waived. 

costs paid by district.... .. 

entry of judgment and decree of appropriation. 

findings of court. 


94 
222 
285 
318 

95 

95 

95 


(5) 


34 

720 


307 

653 


283 

652 

• • • 

283 

652 

. 

283 

662 


288 

358 

. . . 

138 

(5) 

... 

379 

(6) 

... 

379 

663 

... 

289 

652 

. . . 

283 

648 

... 

282 

708 

... 

304 

711 


305 

689 


298 

792 


354 

254 


98 

254 


98 

254 

... 

98 

254 


98 

652 

... 

283 

538 

... 

227 

652 

... 

283 

648 

... 

282 

653 


283 

662 


288 

652 


283 

688 


298 

799 

. . . 

360 

793 

... 

355 

656 


283 

(5) 


34 

12) 


285 

418 


165 

311 


120 

3 


28 

420 


166 

804 


364 

798 


357 

801 


313 

798 

'is 

359 

605 


264 

608 


265 

729 

/ 30 

316 


143 

317 

664 


289 

729 

*45 

317 

729 

25 

316 

528 


222 

606 


265 

729 


314 

729 


314 

609 


266 

612 


266 

621 


268 

622 


268 

623 


268 

618 


267 

620 


268' 

619 


267 

613 


266 












































































464 


Index 


SITES—Continued. 

Taking private property for 

jury, selection of. 

instructions to . 

shall fix compensation. 

verdict of. 

notice of petition. 

petition to court. 

plaintiff and defendants. 

superior court to preside. 

Third class districts, vote required for purchase, sale, lease, 

change . 

Tie vote between two sites does not authorize purchase of either 
Wrong description, effect on election. 

SMITII-HUGHES ACT—(see VOCATIONAL EDUCATION)—Part- 

time schools and classes, apportionment of fedei’al funds. 

approval by state board. 

establishment of rules and regulations. 

SMITH-LEVER ACT—(see also BUREAU OF FARM DEVELOP¬ 
MENT) . 140 

SORORITIES—Bar to accreditation of private academies. 17 

First class districts to prohibit. 661 

SPECIAL MEETINGS—Ballots, form of. 

Called, when . 

Conducted, how—time and place. 

Directors must carry out instructions of. 

Notice of, contents.. 

Officers of . 

Purposes of holding. 

Record of proceedings, filing. 

Union high school districts, formation of. 

Voting to be by ballot. 

SPECIAL SCHOOLS—Establishment in first class districts. 661 

Included in public school system. 

STANDARDIZATION—State board to prescribe standard for ex¬ 
emption from eighth grade examinations. 365 

STATE AID—Permanent school fund. 760 

STATE ARCHIVES COMMITTEE—State superintendent a member. 

STATE AUDITOR—Annual reports of taxing districts and institu¬ 
tions, to require.. .. 

Examination of school districts and public offices. 

powers vested in division of municipal corporations. 

examiners, appointment and salary. 

Member of state board of finance. 

investment of permanent school funds in state bonds. 

Permanent school fund, warrants for investment. 

Report of examinations of offices, filed with. 

Retirement fund, auditor of. 

secretary to transmit copies of warrant register monthly. .. . 

Shall certify amount in current state school fund.. 

Uniform systefri of accounting, to install. 

Warrants for state board of education issued by. 

STATE BOARD FOR VOCATIONAL EDUCATION—(see VOCA¬ 
TIONAL EDUCATION)—Designation . 

Moneys, payment on order of. 

Part-time schools or classes—apportionment of reimbursement 

for teachers salaries. 

compliance with plans necessary for federal aid. 

to establish rules and regulations for organizing, courses 
and maintenance .. 

STATE BOARD OF CONTROL—(see DIRECTOR OF BUSINESS 
CONTROL). 

STATE BOARD OF EDUCATION—Accrediting of higher institu 

tions .'. 

graduation requirements of accredited schools. ..!.’!!!!.!!! 17 
professipnal study required, of state life certificates and life 


Sec. Note Page 


614 
616 
616 
617 
611 
610 
623 

615 

746 

729 

729 

2S4 

824 

283 


(5) 

( 12 ) 

529 

528 

529 

530 
529 
529 

528 

529 
492 
529 

(4) 

1 


8 

842 

834 

840 
844 
750 
754 
753 
834 
326 
345 
761 

841 
16 

273 

267 

284 

278 

283 


Administration of public school system entrusted to. ... . 
American histoiw and government, to prescribe courses. 
Appeals—from refusal to register certificates. 


m cases of revocation of certificates. 

Books for. furnished by state superintendent.!! 

By-laws of districts not to be inconsistent with instructions 

Certificates—may prescribe requirements. 

Certified copies of proceedings. 

Compensation, when . 


267 
267 
267 

267 
266 
266 

268 
267 

327 
33 316 

39 316 

109 
371 
109 

64 

34 
285 
223 
222 

223 

224 
223 
223 
222 
223 
207 
223 

285 
28 

139 
335 

32 

376 
373 
375 

377 

332 

333 
332 
373 
125 
131 
335 
375 

33 

106 
104 

109 
107 

109 



207 

1 

87 

- 

(3) 


34 

. 17 

(3) 

. . . 

34 


chase of books. 


. 17 (4) 


34 

2 

• . • 

28 


. • . 

103 



112 

17 (11) 


34 



118 



33 


• • • 

583 


... 

114 


. . . 

33 



33 


... 

185 





































































Index 


465 


STATE BOARD OF EDUCATION—Continued 


Sec. Note Page 


Courses of study—county courses to harmonize. 440 (5) 

county superintendent to enforce. 440 (4) 

duty of directors to enforce. 582 (2) 

for common schools, to prepai'e. 17 (7) 

for state normal schools. 162 


may not prescribe short courses in university and state col¬ 


lege for normal graduates. 17 

may not prescribe short normal school courses for university 

and college graduates. 17 

may prescribe additional studies. 247 

power of state superintendent to approve alterations. 17 

substantial compliance required. 17 

Eligibility . 12 

women may serve. 3 

Examinations, teachers’ — board may prescribe additional 

branches . 301 

county superintendent to enforce rules of. 440 (4) 

Expenses to be paid. 16 

Grammar school examinations—penalty for disclosing questions. .. 421 

questions other than those prescribed shall not be used. 367 

rules and regulations for exemptions, shall prescribe. 365 

rules and regulations, shall prescribe. 366 

shall prepare questions. 17 (10), 365 


shall prescribe standard for passing. 365 

High schools—accreditation for admission to state college. 95 

state board has no power to restrict establishment of grades. . 17 

High school extension examinations—board to furnish questions 

for . 264 

to outline course for. 263 

to specify institutions to which certificate will admit. 265 

Inspection of normal training departments. 17 (6) 

Kindergarten schools and departments, accreditation. 636 

Meetings, annual and special. 16 

Members are executive officers of state.art. 3 1 

Members of, appointment. 12 

Physical education—board shall prescribe courses for secondary 

and higher institutions. 21 

shall prescribe elementary courses. 20 

to direct and enforce courses. 22 

Powers and duties, enumerated. 17 

accredited list of higher institutions. 17 (3) 

accredit secondary schools. 17 (5) 

accredit state life certificates. 17 (4) 

appeals, hear and decide. 17 (11) 

courses in normal schools and departments of education. . . 17 (2) 

courses of study for corhmon schools, to prepare. 17 (7) 

entrance requirements for higher institutions, approval... 17 (1) 

inspect and accredit normal training departments. 17 (6) 

questions and rules for grammar school examinations. 17 (10) 

questions and rules for teachers’ examinations. 17 (8) 

prepare answers . 17 (9) 

rules for common schools, prescribe. 17 (10) 

President of .* • • H 

Proceedings of, how and where kept—institution heads to receive 

copies . 

Public school system, administration of. 2 

unification by board. 1® 

Records kept in state superintendent’s office. 6 (13) 

Retirement fund, teachers’—trustees, appointment of—vacancies.. 324 
Rules and regulations for government of teachers and pupils— 

directors to enforce. (2) 

penalty for failure to enforce. 316 

. 1.) 

Second grade elementary certificates—may prescribe requirements. 301 

Secretary of, deputy state superintendent to serve as. 15 

Special certificates may prescribe additional subjects. 300 

State board for vocational education, board designated as. 268 

State college, board to approve entrance requirements. 17(1) 

State manual—contents determined by. 6 (17) 

State normal schools—board may eliminate credit for teaching 

experience . i 1 

courses of study—acceptance of high school credits.• 152 

approval of by state board. 17 (-) 

electives .. i ®" 

state board may prescribe either three or four-year courses 162 

state board to prescribe. I®- 1 

power of board concerning acceptance of credits from cer¬ 
tificates in lieu of study. 15- 

State superintendent ex-officio president.. 5 << ) 

Supervise education in state school for girls. 2U4 


174 

174 

240 

34 

72 


2 35 

96 

8 36 

7 36 

33 

28 

... 114 

... 174 

33 

... 167 

... 140 

. . . 139 

... 140 

... f 34 
1139 
... 139 

. . . 54 

9 36 

. . . 103 

. . . 103 

... 104 

34 

... 276 

33 

1 20 

33 

37 

37 

38 

34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
33 

33 

28 

37 

29 

... 125 

... 240 

122 
!!37 

... 114 

33 

... 114 

... 104 

34 
29 

10 36 

2 72 

34 

5 72 

8 72 


1 72 

29 
85 






































































466 


Index 


STATE BOARD OF EDUCATION—Continued. Sec. Note Page 

Temporary certificates—board to issue. 299 ... 113 

may not grant to graduates of normal schools for high school 

work . 17 1 35 

may not grant to graduates of university and state college 

for high school work. 17 1 35 

Term of office. 12 ... 33 

University of Washington, board to approve entrance require¬ 
ments . 17 (1) ... 34 

Vacancies, how filled. 13 ... 33 

Women may serve as members of. 3 ... 28 

STATE BOARD OF FINANCE—(see STATE FINANCE COMMIT¬ 
TEE)—'Investment of permanent school fund in district bonds. . . 754 ... 333 

STATE BOARD OF HEALTH—Rules set forth.Appendix B . 386 

STATE CHECKERS—Appointment . 844 ... 377 

Examination of school district accounts. 834 ... 373 

expenses to be borne by district. 839 ... 375 

STATE COLLEGE OF WASHINGTON—Admission.. 5 95 ... 54 

(130 ... 62 

Agriculture—department of . 131 ... 62 

experts, employment and duties. 140 ... 64 

extension work. (127 ... 61 

1137 ... 64 

federal department, extension cooperation. 140 ... 64 

Agricultural college current fund. Ill ... 5 8 

payments into*. 112 ... 58 

Agricultural experiment station, regents to establish. 133 ... 63 

established, when . 135 ... 63 

located in irrigated district. 133 .,. 63 

Aim and purpose of. 95 ... 54 

Appropriations'—disbursed by regents. 106 ... 57 

Approval of entrance requirements by state board of education. . 17 (1) ... 34 

Architects, regents may employ. 110 ... 58 

Attorney general—agreements with county commissioners, to ap¬ 
prove . 138 ... 64 

Buildings—architects and superintendents, employment. 110 ... 58 

construction—bids . 109 ... 57 

construction funds, maintenance, repairs. 37 ... 40 

construction superintended by regents. 106 ... 57 

contractor’s bond. 109 ... 57 

equipment, funds . 37 ... 40 

pecuniary interest of regents forbidden. 105 ... 57 

plans adopted by regents. 106 ... 57 

plans and specifications. 110 ... 58 

tuition fees may be expended for. 114 ... 58 

warrants . 130 ... 62 

Bureau of farm development—extension director to supervise 

work . 140 ... 64 

member of . .. 137 ... 64 

Oarnpgie fund, application for authorized. 53 ... 43 

Certificates and diplomas—accreditation for certification of ele¬ 
mentary teachers cannot be granted. 132 2 63 

short courses cannot be given to certificate normal graduates 

for high school work. 4 8 3 48 

Club work experts—employment. 140 ... 64 

f 95 ... 54 

Courses of instruction.4 130 ... 54 

1131 ... 62 

Current fund—tuition fees paid into. 114 ... 58 

Degrees and diplomas granted. 132 ... 63 

Demonstration work . 140 ... 64 

Department of education, work required for diplomas. 132 ... 63 

courses apnroved by state board. 17 ( 2 ) ... 34 

Diplomas and degrees—granting of. 302 ... 116 

how granted . 132 ... 63 

revocation of . 307 ... 117 

appeals . 309 (3) ... 118 

Elementary science, department of. 131 ... 62 

Employees—salaries fixed by regents. 106 ... 57 

Entrance, age limitation. 129 ... 61 

requirements, approval by state board. 17 ( 1 ) ... 34 

scholastic requirements . 95 ... 54 

Equipment—fees may be expended for. 114 . !. 58 

Establishment . 95 ... 54 

Expenditures—buildings, regents to authorize..!...!..!!.!!..!!. 109 !!! 57 

regents vested with power to make. 96 ... 55 

tuition fees, accounting for.. 114 ... 58 

Expenses of regents. 104 ... 57 

to be paid by warrants. 130 !!! 62 










































































Index 


467 


STATE COLLEGE OF WASHINGTON—Continued. 

Experimental station—benefits and donations to. 

disposition of appropriation. 

establishment of . . 

federal aid for, acceptance of. !.!!!.! . 

authority for . 

land grant for. 

regents may acquire land for. . 

western Washington, maintenance in. 

located at Puyallup. 

Extension work—cooperation with federal authorities. 

demonstration work by experts. 

director member of bureau of farm development. 

experts, employment . 

head to be member of commission for commufiitv plans. 

in agriculture .. 

Faculty, entrance requirements specified by. 

exemption from tuition. 

recommendations for diplomas and degrees. 

regents to fix salaiues. 

Fairs—club and demonstration work. 

Farmers’ institutes . 

Fees—'tuition—Alaska, residents .. 

correspondence courses, amount. 

current fund, paid into. 

exemptions . 

extension courses, amount . 

fixed by regents . 

non-residents, amount . 

promissory notes for . 

refunds . 

residents, amount . 

short courses, amount . 

summer schools, amount .. 

Fire drills not required. 

Funds—current fund, established. 

sources and purposes. 

. disbursement of . 

state treasurer to handle. 

permanent, how invested. 

power of regents to control and expend. 

Government of . 

Held to be state institution. 

High schools—approval of courses. 

Home economics—experts, employment and duties—demonstration. 

extension service . 

Honorary degrees . 

Instruction, departments of. 

Intoxicating liquor, sale prohibited near. 

penalty for violating. 

Irrigation experiment station—establishment and purpose. 

funds ... 

location . 

Lands—acquisition for experimental purposes. 

assigned to . 

disposition vested in regents. 

income from sale, proceeds accrue to permanent fund. 

rentals accrue to current fund. 

Libraries . 

Life diplomas . 

Location of . 

Maintenance—tuition fees may be expended for. 

Major lines—agriculture . 

defined . 

elementary science . 

exclusive . 

graduate work . 

joint . 

Military science—participants to be excused from physical educa¬ 
tion . 

Military tactics, training in. 

Mining, course of instruction. 

Morrill act—funds allotted to the college. 

Normal diplomas, authorization. 

Permanent funds, how invested. 

Physical education . 

President, ex-officio secretary of board of regents. 

member joint board of higher curricula. 

member of state board of education.... . .. 

Professors and instructors entitled to compensation for institute 

services . 

Professors, salaries fixed by regents. 

Property, regents to have custody. 


Sec. Note Page 


121 


60 

124 


60 

131 


62 

122 


60 

121 


60 

121 


60 

125 


60 

101 


56 

125 


60 

140 


64 

140 


64 

137 


64 

138 


64 

639 


278 

127 


61 

95 


54 

116 


59 

132 


63 

106 


57 

140 


64 

129 


61 

113 


58 

116 


59 

113 


58 

114 


58 

116 


59 

113 


58 

106 


57 

113 


58 

116 


59 

115 


59 

113 


58 

113 


58 

113 


58 

32 


39 

111 


58 

112 


58 

107 


57 

128 


61 

753 


332 

106 


57 

101 


56 

95 

* i 

55 

95 


54 

140 


64 

137 


64 

132 


63 

131 


62 

51 


43 

52 


43 

133 


6 3 

135 


63 

134 


63 

126 


61 

119 


59 

117 


59 

112 


58 

112 


58 

131 


62 

132 


63 

95 


54 

114 


58 

46 


42 

41 


41 

47 


42 

44 


41 

42 


41 

48 


42 

21 


37 

131 


62 

131 


62 

120 


59 

132 


63 

753 


332 

21 


37 

99 


56 

33 


40 

12 


33 

95 

2 

55 

106 

• • • 

57 

96 

. . . 

55 






















































































468 


Index 


STATE COLLEGE OF WASHINGTON—Continued. 
Public school system, part of. 


Regents, board of—administrative officers, 
admission, may prescribe terms of..., 

appointment and term of office. 

bond of . 


expenses, allowance . 

governor, ex-officio advisory member. 


meetings 


organization of board, 
pecuniary interest prof 


president- 
proceedinj 
quorum, 1 


secretary, president of college is ex-officio secretary. 


Religion—non-sectarian . 

Scientific school—establishment 


Students—admission 


school teachers, superintendents and 


Teacher training—high 

supervisors . 

Treasurer, election and bond. 

disbursement of funds made by. 

duties of . 

Tuition fees—(see Fees under this title)—fixed by regents. 106 

Visitors, ex-officio, designated. 

Vocational education—teacher training classes under state board 

STATE CONSTITUTION—(Extracts . 

4 

STATE CUSTODIAL SCHOOL—Admission, free only to bona fide 

residents of the state. 

Adults, admission . . 

recommitment of" inmates after attaining majority. 

Applications, approval of. 

Attendance required, when. 


Buildings, to be fireproof. 

separated for sex and departments... 

Clerks to report defectives to county superintendent. 

Clothing, parent to provide, or state. 

Commitment by juvenile courts. 

Constitutional authorization for establishment. art. 

Contagious disease, bar to admission. 

County superintendent—may make out applications. 

penalty for violation of act. 

shall approve application. 

shall enforce attendance. 

shall report applications. 

shall report defectives. 

County to bear expense, when. 

Course of study. 

Detention of inmates. 

Director of business control—admission of non-residents. 

improper admission, to prevent. 

Discharge of inmates. 

Educational department, separate buildings. 

Epileptic children admitted. 

Establishment . 

Feeble-minded children committed to hospital for insane—pro¬ 
cedure for commitment or transfer. 

Fire drill law not applicable. 

Funds to be appropriated by legislature. 

Guardian may apply for admission of children. 

Idiotic children admitted. 

Indians may be admitted, when. 

Industrial department, separate buildings. 

Inmates—permission to visit homes. 

Institutional superintendents may apply for admission of children 


Hec. 

Note Page 

1 


28 

. . 127 


61 

2 


28 

95 


54 

96 


55 

96 


55 

. . 101 


56 

. . 131 


62 

130, 131 


62 

. . 104 


57 

97 


55 

. . 108 


57 

. . 102 


56 

. . 103 


57 

99 


56 

. . 105 


57 

. . 106 


57 

. . 100 


56 

. . 100 


56 

. . 102 


56 

. . 106 


57 

99 


56 

. . 100 


56 

. . 107 


57 

. . 104 


57 

. . 102 


56 

95 


54 

. . 117 


59 

. . 118 


59 

117, 119 


59 

. . 117 


59 

. . 128 


61 

95 


54 

. . 130 


61 

48 


42 

99 


56 

. . 107 


57 

. . 100 


56 

. . 106 


57 

98 


55 

. . 268 


104 



f 19 



i 27 

. . 222 

1 

89 

. . 223 


89 

. . 238 


92 



90 

. . (233 


91 

\ 234 


92 

. . 241 


93 

. . 241 


93 

. . 231 


91 



90 

. . 222 


89 

13 1 


25 



89 

. . 222 


89 



92 

. . 229 


90 



90 



yu 

. . 230 


91 



92 



92 



92 

. . 224 


90 



90 



92 

. . 241 


93 



89 



88 


2 

89 


2 

39 

. . 221 


88 

. . 222 


89 

. . 222 


89 


3 

89 

. . 241 


93 


t . 

92 

l.. 222 

... 

89 























































































Index 


469 


STATE CUSTODIAL SCHOOL—Continued. 

Intoxicating liquors, sale prohibited near. 


Sec. Note Page 


Medical 


Non-residents—tuition charge 


Period of 


Transfer from state school for girls of subnormal and epileptic 


STATE EQUALIZATION COMMITTEE—Annual state school tax, to 
levy . 


bonds, 


proceeds 


notice not 


STATE INSTITUTION FOR FEEBLE-MINDED—(see STATE C 

TODIAL SCHOOL). 

Location . 

Name changed . 220 

STATE LIBRARY—Report of state superintendent deposited with 

State committee—state superintendent a member. 

STATE MANUAL—Act regarding fire drills, to be included in... . 


Course of study to conform in districts of first division. 

Examination in, required of graduates of accredited institu 


required of holders of accredited certificates. 

required for certification on examination. 

Prepared by state superintendent. 

STATE NORMAL SCHOOLS—Admission—age limitation. 

entrance requirements approved by state board. . . 


Advanced course—thi 
state board 
four-year course- 
state board 


to 


Bellingham normal school fund, created. 

state tax levy for. 

uses of . 

Biennial report to governor. 

Boarding houses . 

Books—library deposit. 

Certificates and diplomas— 

advanced special normal school diploma- 


-renewal of. 


advance special normal school diplomas not valid in 


appeals . 

elementary normal school 


granted according to law (Act of 
minimum age restriction does not f 
normal elementary diploma—rene 


normal school life 


power of superintendent of public instruction limitei 
short courses cannot be given to certificate university 




382 



89 

219, 220 


88 


• • • 

93 



90 


• • • 

88 


... 

90 



89 



92 



89 

6 (10) 

... 

29 



90 


1 

85 

. . 222 

4 

89 

235, 236 

... 

92 

. . 226 


90 



335 


• • • 

377 

. . 752 


332 



332 



332 



333 

. . 755 


334 

. . 758 


334 



334 


... 

334 



334 

. . 812 


367 

. . 815 


368 

. . 751 


332 

. . 218 


88 

. . 219 


88 

. . 220 

• • • 

90 

. 6 (2) 

... 

29 

10 

• . • 

32 

29 


39 

6 (17) 

. • • 

29 

. . 405 


158 

17 (4) 


34 

17 (4) 

... 

34 

. . . 301 


115 

6 (17) 

• • • 

29 

. . . 152 


69 

17 (1) 

... 

34 

. . . 163 

... 

73 

a*.. 162 


71 

. . . 162 

... 

71 

. .. 162 

... 

71 

. . . 162 


71 

. . . 144 

. • • 

66 

35 

... 

40 

. . 39, 40 


41 

37 


40 

. .. 149 

» . . 

68 

. .. 148 


68 

... 161 


71 

.. J 162 


71 

1 163 

l 


73 

. .. 162 

7 

72 

. . . 309 

... 

118 

... ) 162 


71 

} 163 

. , , 

73 

. .. 162 

6 

72 

. . . 302 

... 

116 

. . . 162 

12 

73 

... j 162 

. . . 

71 

1 163 

... 

73 

... ( 162 

... 

71 

1 163 

... 

73 

. . . 307 


117 

. .. 308 

... 

118 

... ( 151 

2 

69 

\ 162 
d 

11 

73 

48 

4 

42 








































































470 


/ ndex 


STATE NORMAL SCHOOLS—Continued. 

Certificates and diplomas—• 

special normal school diploma not valid in high schools. 

special normal school diploma. 

renewal of . 

valid where . 

Certificates and diplomas, contents and signatures. 

Courses of study. 

advance courses—state board may prescribe either three or 

four year course. 

approved by state board. 

degrees may not be conferred. 

electives . 

experience credit may be eliminated by state board. 

extension courses, maximum credit may be prescribed. 

extension work . 

prescribed by state board of education. 

publication of. 

residence, minimum credit may be prescribed. 

state board to define qualifications for admission. 

Credits from certificates not acceptable in lieu of study. 

Elementary courses. 

one year course—elementary certificate issued. 

two year course—elementary diploma issued. 

Elementary teachers—professional training given exclusively. . . . 
Entrance requirements—prescribed . 

Establishment . 

Examination required of graduates of accredited institutions. . . . 
Extension courses— 

act not repealed by subsequent act limiting to elementary 

training . 

adoption as institute work terminates institutes. 

division of county prohibited. 

fee for summer course may not be charged by county super¬ 
intendent . 

maximum credit toward certificate may be prescribed. 

may be given only to qualified teachers. 

school districts cannot pay for lecture service. 

state board to district state for extension work. 

teachers not entitled to salary credit as for institute. 

Extension department for teachers. 

Extension work substituted for institute, when. 

Faculty, selection and removal. 

Fees—for extension work. 

library . 

Fire drills . 

Funds— 

Bellingham normal school fund—created. 

amount of levy. 

Centralia normal school fund—created... 

amount of levy. 

Cheney normal school fund—created. 

amount of levy. 

permanent, how invested. 

Graduates, directory of, included in biennial report. 

High school credits not acceptable for normal work. 

Institute funds appropriated to extension work, when. 

Intoxicating liquors, sale prohibited near—(penalty. 

Kindergarten department, certificates from. 

Lands—income accrues to current fund.. 

Levies for funds. 

Library—deposit . 

. fund of students may not be used to purchase textbooks. . . 

to be provided. 

Locations . 

Matron . 

Model school..-. 

attendance credited to district—report. 

estimate of pupils required for. 

pupils to be apportioned to. 

teaching, practice in—requirement. 

Normal school current fund—payments into. 

Permanent funds, how invested. 

Physical education—courses compulsory. 

grounds for excuse. 

Policies—to be discussed at annual meeting of trustees. 

President—member joint boai’d of higher curricula. 


Sec. 

Note 

Page 

. . 162 

7 

72 


162 

. . • 

71 


163 


73 


162 


71 


163 


73 


162 


71 

1 163 


73 

151 


69 

f 162 


71 

X ... 


72 

. . 162 

8 

72 

17 

(3) 

... 

34 

. . 162 

13 

73 

. . 162 

5 

72 

. . 162 

9 

72 

. . 162 

10 

72 

. . 164 


73 

..J 162 


71 

l 163 


73 

. . 149 


68 

. . 162 

10 

72 

. . 163 

. . ( 

73 

. . 162 

1 

• 72 

. . 162 

. . • 

71 

. . 162 


71 

. . 162 


71 

49 


42 

. . 1 50 


42 

1 

163 


73 

. . 142 


66 

17 

3 

35 

. . 164 

3 

74 

. . 164 

6 

74 

. . 164 

2 

74 

. . 164 

7 

74 

. . 164 

4 

74 

. . 164 

1 

74 

. . 164 

8 

74 

. . 164 


73 

. . 164 

5 

74 

. . 164 


73 

. . 164 


73 

. . 147 


67 

. . 160 


71 

. . 161 


71 

29 


39 

35 


40 

39 


41 

38 


41 



41 

35 


40 

39 


41 



332 

. . 149 


68 

. . 162 

2 

72 

. . 164 


73 

. 51. 52 


43 

. . 636 


276 

. . 159 


71 

. 39-40 


41 



71 

. . 161 

i 

71 



67 



66 



68 



69 

. . 157 


70 

. . 155 


70 

. . 156 


70 

. . 154 


69 

158. 159 


71 



333 

21 


37 

21 


37 

. . 144 


66 

33 


40 



















































































Index 


STATE NORMAL SCHOOLS—Continued. 


Public school system, part of. 


Special advanced course—for college and university graduates. 


must furnish evidence of good moral character. 


Trustees, board of—administrative officers. 


term of office. 


STATE REFORMATORY, Fire drill law not applicable.. 

STATE SCHOOL FOR GIRLS—Age to be stated in commitment 
Apprenticing of girls. 


Business 


under juvenile court act. 


Court record of girl 


Directon of business control- 


Educational work, supervised by state board of education 


Girls—escape . 

may be apprenticed or receive wages.. 

may be returned when improperly committed, 
mental and physical condition must be good. . 


Included in public school system. 

Intoxicating liquors, sale near, prohibited, 
penalty for violation. 


Parole, plan of. 


471 

Sec. Note 

Page 



67 



69 



69 



69 



69 

49 


42 



28 



73 

6 (10) 


29 

j 35-38 


40 

1 ... 


41 



75 

. . 162 


71 



71 



71 



68 

. . 160 


71 



71 



69 



71 

. . 150 


68 

. 39-40 


41 

. . 161 

i 

71 



69 

2 


28 



66 



66 

. . 148 


68 

. . 146 


66 

. . 1.51 


69 



66 

. . 147 


69 

. . 148 


68 

. . 144 


66 

. . 155 


70 

. . 146 


66 

. . 147 


67 

. . 150 


68 

. . 150 


68 

. . 146 


66 

. . 149 


68 

. . 146 


66 

. . 143 


66 

. . 161 


71 

. . 162 


71 

29 

2 

39 

. . 200 


84 

. . 205 


85 

. . 195 


82 

. . 196 


83 

. . 195 


82 

. . 199 


83 

. . 199 

4 

84 

. . 199 


83 

. . 386 


149 

. . 204 


85 

. . 200 


84 

. . 203 


84 

. . 199 


83 

. . 199 

5 

84 

L) 196 


83 

. . 199 


83 

. . 196 


83 

. . 204 


85 

196, 198 


83 

. . 194 


82 

. . 202 


84 

. . 205 


85 

. . 203 


84 

. . 203 


84 

. . 203 


84 

. . 196 


83 

1 


28 

51 


43 

52 


43 

. . 195 


82 

. . 196 


82 

. . 199 

2 

83 

. . 196 


83 

. . 201 


84 

. . 202 


84 

. . 199 

3 

84 
























































































472 


Index 


STATE SCHOOL FOR GIRLS—Continued. 


Physician- 


State board of control (director of business control) — 


transportation expenses, to arrange for. 


Subnormal and epileptic inmates, transfer to custodial school.. 

Superintendent, appointment. 

court record to be furnished to. 


must be woman. 


Teachers must hold certificates. 


STATE SCHOOL FOR THE BLIND AND STATE SCHOOL FOR 

THE DEAF . 

Admission—age limitation. 

non-residents .. 


Constitutional authorization for establishment.art. 13 


Division of. 


Fire drill law not applicable. 
Inmates—must be free from d 


penalty for violation. 


of school district clerks, 


State board of control (director of business control) 


for each school. 


Commitment- 


Sec. 

Note Page 

. . 202 


84 

. . 202 


84 

202, 203 


84 

6 (10) 


29 

. . 196 


83 

. . 195 


82 

. . 197 


83 

. . 196 


83 

. . 198 


83 

. . 196 


83 

. . 196 


83 

. . 196 


83 

. . 198 


83 

. . 205 


85 

. . 203 


84 

. . 204 


85 

. . 206 


85 

. . 203 

i 

85 

. . 196 


83 

. . 200 


84 

. . 198 


83 

. . 196 


S3 

. . 196 


83 

. . 202 


84 

. . 197 


83 

. . 204 


85 

. . 203 


84 

. . 202 


84 

. . 357 


137 



29 

. . 210 


86 



87 

. . 215 


S7 

. . 217 


88 

. . 214 


87 

1 


25 



87 

. . 207 


86 

. . 207 


86 

661 (4) 


285 

. . 216 


87 

29 

2 

39 

. . 210 


86 

... 51 


43 

52 


43 

. . 208 


86 



88 

. . 214 


87 



87 

6 (10) 


29 

mt 208 


86 



86 

. . 209 


86 

. . 209 


86 

. . 209 


86 

. . 207 


86 

. . 214 


87 

. . 209 


so 



87 

. . 216 


87 



86 

. . 210 

i 

86 

. . 179 


78 



75 



75 



80 

1 193 


82 

. . 189 

i 

SO 

. . 191 

4 

81 



76 

1 191 


81 



78 



76 

. . 191 

i 

SI 



81 



75 



81 



77 


6 

81 


2 

81 





















































































Index 


STATE TRAINING SCHOOL—Continued. 


Sec. Note 


Commitment— 


parental school pupils. 680 

under juvenile court act. 386 

unwarranted, when. 191 

warrant, contents . 176 

Complaints against. 185 

Confinement, term of. 178 

Conviction before justice of the peace. 173 

expense paid by state. 176 

Course of study. 193 

Courts—certificate of commitment,* issuance. 171 

Crimes—warrants for commitment, except murder or man¬ 
slaughter . 172 

Designation . 189 

Discharge—age of. 191 

boy eighteen years of age entitled to. 191 

effect of. 17 8 

Employees—removal . 185 

Establishment and title. 170 

Fire drill law not applicable. 29 

Girls transferred to state school for girls. 206 

Hearing before judge. 175 

Included in public school system. 1 

Incorrigibility—warrant for commitment. 172 

Incorrigibles to be returned to court for sentence. 191 

Intoxicating liquors, sale near, prohibited. 51 

penalty for violation. 52 

Justice of the peace, conviction before. 173 

Juvenile court act does not repeal section on commitment. 191 

dependents may not be committed. 191 

Location . 189 

Management of. 192 

Matron . 180 

removal . 185 

Mendicancy—grounds for commitment. 172 

Parent or guardian—'presentation of certificate of commitment. . . 171 

Parole . 178 

Presiding officer—delivery of certificate of commitment. 171 

Public school system, part of. 1 

Purpose of. 190 

Report of superintendent.‘. 188 

Reports to state superintendent. 6 (10) 

Residents of state—admission of. 171 

Separation of sexes. 186 

Superintendent—appointment and tenure. 181 

appoints officers and teachers. 180 

charges against inmates to be investigated. 185 

removal . 185 

Teachers, appointment. 180 

Truancy ground for commitment. 357 

Vagrancy—warrants for commitment. 172 

Warrant of commitment, contents. 176 


STATE TREASURER, Bonds for account of permanent fund deliv¬ 
ered to. 754 

Current state school fund—fines, etc., credited to. 762 

fines for maltreatment of pupil credited to. 314 

tax receipts for, disposition. 761 

Experimental station—payment of warrants. 125 

Fines for abusing teacher to be credited to current school fund. . . 320 

Fines for disclosing questions, how credited. 421 

Fines for disturbing school meetings, how credited... 426 

Fines for misappropriation of school moneys, to credit to school 

funds . 422 

Investment of permanent school fund in state bonds—■ 

general fund warrants, redemption with proceeds. 757 

interest payments, maturity. 755 

redemption . 759 

Member of state board of finance. 75<i 

chairman of.. • 

Moneys received from sale of registers, etc. 856 (i ) 

Retirement fund—disbursements to be made on order of trustees 332 

payment of dues of absent cr unemployed members. 332 

sale of bonds.. ... 

secretary to transmit copies of warrant register monthly. 345 

transfer of state fund to local fund.• • ^48 

Scientific school fund... 

Shall pay warrants for expenses of state board.• 

Shall receive moneys for copies of certified papers. b (18) 

State college funds, treasurer of. ' 

State normal schools—pay warrants. 

State training school—payment of warrants. A/y 


5 


'8 

2 

’i 

9 

10 


473 


Page 

295 

149 

81 

78 

79 
78 

77 

78 
82 

75 

76 

80 
81 
81 

78 

79 

75 
39 
85 

77 
28 

76 
81 
43 
43 

77 
81 
82 

80 

75 
79 

79 

76 
75 

78 
75 
28 

80 
80 
29 

75 
80 

79 
79 
79 
79 
79 

137 

76 
78 


333 
336 
121 
335 

60 
123 
1 67 
16 S 

167 

334 
334 
334 
332 
332 
379 
127 
127 
129 

131 

132 
125 

59 

33 

29 

61 

67 

78 
















































































474 


Index 


STATE TREASURER—Continued. 

University building appropriations. 

building fund, warrants. 

current fund, custodian. 

permanent fund, custodian. 

tuition fees paid to. 

Vivisection penalties transmitted to school fund. 

Vocational education— 

custodian of Smith-Hughes funds. 

state appropriations, to pay out. 

STATE VOTING MACHINE COMMITTEE, State superintendent a 

member. 

STATISTICS—(see also REPORTS)—Annual l-eport to governor. 

Biennial report of state superintendent—shall contain. 

Complete record of—state superintendent to keep. 6 

STUDENTS—Absence does not disqualify as voter. 

Admission to state college. 

Admission to university. 

Fees—state normal school—library. 

Fire drills ... 

Membership in secret societies bars accreditation of private 


academies . 

Physical education—excuses. 


high schools. 

state college of Washington. 

state normal schools. 

university of Washington. 

State college—age of admission. 

State normal schools—age of admission. 

extension fees.. 

moral character, evidence required. . 

no tuition charged. 

suspension or expulsion. 

Tuition fees—university of Washington. 
University—age of admission. 


Sec. Note 
61 
84 
71 
70 
76 
27 

267 
267 


9 

842 

6 ( 2 ) 

(13) 

517 

95 

87 

161 

29 

7 (5) 

f 21 

l 22 
21 
21 
21 
21 
129 
152 
160 
160 
160 
160 
75 
86 


SUBJECTS, to be taught in common schools. 247 

SUMMER SCHOOL, Entrance requirements prescribed. 50 

Use of school room may be authorized for. 582 (10) 

SUPERINTENDENT OF PUBLIC INSTRUCTION, Administrative 

officer of public school system. 2 

Alien permits to teach, issuance and revocation. 286 

penalty for violation of act. 288 

Annual salary. 5 

Appeals—decisions to be final unless set aside by court. 415 

for refusal to register certificates. 295 

in revocation cases. 309 

may not hear appeal to recover district moneys paid to di¬ 
rectors . 411 

on points of law decided by. 6 (14) 

Apportionments—allowance when school is unavoidably closed. 774 

certificate and instructions to county superintendent. 773 

high school bonus. 772 

number and dates of. 763 

state auditor to certify amount available.( 761 

\ 763 

Approval of courses of study. 405 

Assistant and deputy, appointees. 7 

Attendance officer, may act as in incorporated city. 356 

Biennial report to the governor. 6 (2) 

county superintendent to preserve. 440 

report from state educational institutions included. 6 (2) 

Census in first class districts, may prescribe items. 662 

Certificates and diplomas—may not refuse to issue on ground of 

moral character or personal fitness. 295 4 

revocation for failure to attend institute. 449 ... 

power to revoke diplomas of higher institutions for 

failure to attend institute. 449 3 

shall issue or countersign. 290 ... 

shall sign those from state normal schools. 151 ... 

Claims against district, cannot order payment. 410 9 

Clerk’s annual report, to prescribe contents. 587 (4) ... 

Community plans—superintendent a member of commission. 639 ... 

Compulsory attendance, blanks for. 361 ... 

certificate of excuse, to approve form. 354 ... 

Constitutional provisions . art. 3 1, 3, 22, 24 

County auditor’s annual report to county superintendent, to pre¬ 
scribe form . #55 ... 

County circulating library—recommendation required before pur¬ 
chase of books . 457 ... 


Page 

46 

51 
48 

48 
50 

38 

104 

104 

32 

376 

29 

29 

217 

54 

52 
71 

39 

34 

37 

38 
37 
37 
37 
37 
61 
69 
71 
71 
71 
71 

49 
52 

96 

42 

240 

28 

109 

110 
29 

163 

112 

118 

162 

29 

343 

342 

342 

337 

335 

337 

158 

32 

137 
29 

174 

29 

288 

112 

183 

183 

111 

69 

162 

255 

278 

138 
136 

20 

379 

185 















































































Index 


475 


SUPERINTENDENT OB’ PUBLIC INSTRUCTION—Continued. Sec. Note Page 

County superintendent to execute instructions of. 440 (3) ... 174 


basis of apportionment. 764 .. . 337 

certificate of receipt. 440 (11) ... 174 

failure to report, penalty. 439 ... 174 


to report failure of directors to obtain appi*oval of build- 


Course of study—shall prescribe uniform course for districts of 

second division . 406 ... 159 

union high schools, to approve. 496 ... 209 

Credit when schools are closed. 774 ... 343 

Directory of district officers, to furnish blanks. 441 ... 179 

Districts, less than four sections, approve formation. 465 ... 189 

Election of . 4 ... 29 

constitutional provision .art. 3 1 ... 20 

date prescribed by constitution.art. 6 8 ... 20 

Employment certificate, to prescribe form. 354 ... 136 

Employment permits, record to be furnished. 277 ... 107 

Evidence of teachers’ experience to be kept on file. 296 ... 112 

Examinations—grammar school, reports of. 368 ... 141 

high school extension, questions and manuscripts. 264 ... 103 

questions .6 (3) ... 29 

teachers’ manuscripts to be kept on file. 304 ... 116 

Failure to deliver books to successor, penalty. 424 ... 168 

Fire drill law, to publish in manual. 31 ... 39 

Forfeiture of certificate, when. 449 ... 183 

High school extension examination questions. 264 ... 103 

Holidays, cannot declare extra school holidays. 321 11 124 

Joint districts, maps of, filed with. 509 ... 213 

Meetings, expenses of representatives may be paid to. 584 ... 252 

Normal training departments—state board to file reports of in¬ 
spection . 17 (6) ... 34 

Officers employed by. 7 ... 32 

Physical education—to distribute courses. 23 ... 38 

Powers and duties, enumerated. 6 ... 29 

administer oaths . 6 (15) ... 29 

annual convention of county superintendents, to hold. 6 (8) ... 29 

biennial report, to make and distribute. 6 (2) ... 29 

decide points of law. 6 (14) ... 29 

distribute blanks, forms, etc. 6 (3) ... 29 

file papers, records, etc. 6 (9) ... 29 

issue certificates .•. 6 (12) ... 29 

keep directory of regents, trustees and faculties. 6 (11) ... 29 

make certified copies of papers, charge. 6 (18) ... 29 

perform other lawful duties. 6 (19) ... 29 

president of state board. 6 (7) ... 29 

print laws relating to schools. 6 (6) ... 29 

publish official decisions. 6 (14) ... 29 

records in office, to keep. 6 (13) ... 29 

records, to be delivered to successor. 6 (16) ... 32 

require reports from educational institutions. 6 (10) ... 29 

rules and regulations for schools, prepare. 6 (3) ... 29 

shall travel . 6 (4) ... 29 

teachers’ examinations, prepare questions. 6 (3) ... 

President of state board of education. 14 ... 33 

Public school system, administration of. 2 ... 28 

Publishers to deposit books with... 406 ... 159 

Retirement fund, eligible to membership. 322 ... 125 

in first class districts. 681 ... 295 

member of board of trustees. 324 ... 125 


Revocation of certificates—may revoke certificates or diplomas of 

university, when . 6 (19) 

procedure where certificate has been obtained upon false 

representation. 292 

Rules and regulations, directors to enforce. 582 (2) 

Salary . 5 

School law, points of, decided. 6 (14) 

printing of . 6 (6) 

Shall prepare course of study for schools of second division. 406 

State board for vocational education—to appoint assistants with 

approval of board. 269 

to be chief executive officer. 269 

State board of education, president, ex-officio . 6 (7) 

books furnished for. 14 

records of proceedings kept in office. 15 

seal, kept in office. 

special meetings called.•. 16 

State college, annual report of. 108 

State manual prepared by. 6 (17) 

State normal schools—diplomas, to sign. 151 

report included in biennial report. 149 

State school for girls. 204 


2 111 
. 240 

29 
29 
29 

. 159 

. 105 

. 105 

29 
33 
33 
37 
33 
57 
29 
69 
68 
85 
























































































476 


Index 


SUPERINTENDENT OF PUBLIC INSTRUCTION—Continued. 

Superintendents and principals of third class districts to report 

to ... 

Suspension of teachers, to be notified. 440 

Teachers must be certificated by. 

Teachers’ register—county superintendent to report sales.... 440 

Temperance and good citizenship day—to prepare program. 

to designate laws for special observance. 

Term of office. 

Traveling expenses—paid for attendance at county institutes.... 

payment for attendance at institute. 

Union high school—course of study, to approve. 

teachers, may require reports from. 

Victory and admission day—to aid in observance. 

Visiting of schools. 6 

Visitor ex-officio, of state college. 


may be required to act as clerk. 

Expenses paid, when. 

False report of presence of pupils, penalty. 

Fire drills required . 

First class districts: election, term and salary of. 661 

assistant superintendents, employment. 661 

Institutions or asylums—may apply for admission of children to 

state custodial school. 

Kindergarten attendance, to report. 

May excuse from compulsory attendance in part-time districts 

of first or second class. 

May issue special certificates, when. 

to emergency substitute teachers. 

May issue temporary certificates, when. 

Of free government school, to enforce attendance. 

Parental schools, employment. 

Penalty for accepting bribe or unlawful remuneration. 

Penalty for failure to enforce act relating to state school for 

deaf and blind. 

Physical education—to enforce courses. 

Private schools, report of attendance. 768 

Prosecuting attorney to act as legal adviser. 

Reports in lieu of teachers’ reports. 

Retirement fund, eligible to membership. 


State school for deaf—appointment and 

State school for girls. 

State training school—appointment . . . 

employees, assistants . 

Textbooks commission, chairman of. . . 
Third class district—appointment and 

Training, where given. 

SUPERVISOR—Superintendent of public 
Retirement fund, eligibilitv to member; 


powers—report required, 
instruction. 6 


Training, where given. 

SUPERVISORS—Board established for community purposes. 639 

Community purposes, employment for.. 

Dwellings for, erection authorized. 637 

Employed in districts of first class. 661 

In districts of second and third class. 

SUPPLIES—Action of board in corporate meeting necessary for valid 

purchase . 727 

Approval of purchase required before registration of warrants., 

Bids advertised for. in first class districts. 

Claims must be sworn to. 

Clerk to account for expenditures. 587 

Director may not furnish to district. 

Directors not to have pecuniary interest. 

Directors to loan to pupils, when. 

may not have pecuniary interest in purchase. 584 

Encyclopedia, purchase on installment plan. 

Home economics material, may not charge for. 

In first class districts, included in budget. 

secretary may be purchasing agent. 

to be furnished free, when..-. 661 


In second class districts, directors shall pro's 
In third class districts, directors to provide, 
Penalty for pecuniary interest of school ofl 

Purchase from instructor. 

Id . 


approval required. 


Sec. Note 

Page 

743 


323 

(18) 


174 

204 


85 

(19) 


174 

398 


155 

398 


155 

4 


29 

452 

‘ ’3 

184 

6 

2 

31 

496 


209 

496 


209 

401 


156 

(4) 


29 

98 


55 

358 


138 

353 


134 

488 


204 

485 


203 

584 


252 

318 


122 

29 


39 

(1) 


285 

(7) 


285 

222 


89 

635 


276 

275 


107 

300 


114 

300 


114 

299 


113 

370 


141 

672 


293 

427 


169 

217 


88 

24 


38 

768 


340 

590 


258 

312 


12ft 

322 


125 

681 


295 

731 


317 

209 


86 

209 


86 

198 


83 

181 


79 

182 


79 

403 


157 

743 


323 

48 


42 

(1) 


29 

322 


125 

681 


295 

48 


42 

639 


278 

637 


277 

637 


277 

(8) 


285 

637 


277 

727 

4 

310 

850 

. . . 

379 

660 

. . . 

284 

835 

• • • 

374 

15) 

• • • 

255 

584 

6 

253 

584 

• • • 

252 

17) 

• • • 

240 

584 

• • • 

252 

727 

9 

310 

727 

8 

310 

824 

• • • 

371 

652 

• • • 

283 

(10) 

• • • 

285 

594 

• • • 

260 

727 

• • • 

310 

740 

• • • 

321 

42T7 

• • • 

169 

727 

3 

310 

584 

9 

253 




















































































Index 


477 


SUPPLIES—Continued. 

Secretary may be authorized to purchase. 

Teacher, district may not purchase for. 

Union high school districts may purchase. 

Warrants withheld for third class districts when approval of 
county superintendent has not been obtained. 

SUPREME COURT—Appeal upon commitment to state training 

school . 

SUSPENSION—-Directors may suspend pupils for disobedience ’ of 

rules . 58 

From state normal schools. 

Injury to school property, ground for. . 

Of teachers by county superintendent. 440 

TAXATION— 

Alteration of boundaries, levies. 

Assessment to be at fifty per cent rate. 


Sec. Note Page 


Assessed valuation defined 


Assessed valuation to be basis of levy. 

Asset—taxes computed as, when.. 

Bonds—for interest and sinking fund'.. 

joint districts . 

Budgets, first class districts, amounts to be itemized, 

Centralia normal school fund, levy. 

Circulating library limit. 

Consolidated district indebtedness how paid.. 

County school tax limit.. 

Current state school fund, state tax. 

certified to county auditor. 

Demonstration work, commissioners may levy.. 

District tax—school district fund.. 


Id. 


Enlargement of district of first class, effect. 

Extension of city limits, adjustment of taxes. 

old district to pay. 

For permanent fire insurance fund. 

Higher institutions, levy for. 

In first class districts based on budget. 

In second class districts, limit. 

Joint districts for bond interest. 

to pay indebtedness in. 

Legislature to provide uniform and equal rates.art. 7 

Libraries levy for by school districts. 

Limits—levy for validated indebtedness may exceed limit without 

vote . 

New districts, division of levies made in old districts. 

how credited . 

levies in . 

New districts paid to old districts when conditions are not met. . 

Non-high school districts levies against. 

Non-high school district levy, mandatory. 

reclassified districts subject to levy for first year following... 

ten mill limit has no application. > . 

to be uniform against all non-high school districts. 

Retirement fund deficiencies in first class districts. 

School districts property exempt from.art. 7 

special assessment not prohibited.art. 7 

Special when district has not shared apportionment. 

Supplemental levy cannot be made after regular levy. 

Transfer of territories, effect. 

Union high school district, limits. 

Vocational education, additional one mill for. 

TAXING DISTRICT—Additional indebtedness for public utilities. 

Annual reports required . 


f 71 


Defined 


Fiscal year for school districts defined. 

Indebtedness, how computed. 

Levies for bonds and public debts considered assets, 
may be considered assets, when. 


Limitation of indebtedness . 

Payments to be deposited every twenty-four hours—transfers.... 
Taxes for current business not an asset. 


Valuation, how determined for validation of indebtedness, 
for levy of taxes. 


652 ... 

283 

582 121 

248 

497 ... 

209 

850 ... 

379 

177 ... 

78 

(6) ... 

240 

160 ... 

71 

352 ... 

133 

18) ... 

174 

476 ... 

196 

788 ... 

352 

781 ... 

349 

782 ... 

349 

788 ... 

352 

783 ... 

349 

786 ... 

351 

804 ... 

364 

805 ... 

365 

823 ... 

370 

40 ... 

41 

454 ... 

185 

489 ... 

205 

776 ... 

344 

760 ... 

335 

761 ... 

335 

141 ... 

65 

779 ... 

345 

728 f19 ) 312 

1 24 


728 j 41 

. 313 

1 42 


477 2 

197 

479 ... 

197 

480 ... 

198 

667 ... 

292 

3.9 ... 

41 

827 ... 

371 

745 ... 

324' 

805 ... 

365 

512 ... 

214 

2 

21 

643 ... 

280 

796 3 

356 

471 4, 6 

192 

471 ... 

192 

473 ... 

193 

469 ... 

191 

255 ... 

98 

255 7 

99 

255 8 

99 

255 2, 6 

99 

255 1 

99 

706 ... 

303 

2 ... 

21 

2 2 

21 

470 ... 

191 

728 24 

312 

475 3 

196 

497 3 

210 

272 ... 

106 

785 ... 

350 

842 ... 

376 

781 ... 

349 

788 ... 

352 

789 ... 

353 

837 ... 

375 

787 ... 

352 

786 ... 

351 

786 f 4, 51 352 

1 6J 

787 ... 

352 

843 ... 

376 

786 ... 

351 

841 ... 

375 

843 ... 

376 

789 ... 

353 

783 ... 

349 





















































































478 


Index 


Sec. Note Page 


TEACHERAGES—Erection authorized . 

TEACHERS—Abusing, penalty for. 

Agencies, for employment.. 

school officers must not accept compensation from. 

Aliens prohibited from teaching without pennit. 

penalty for violation... 

Appeals regarding, to whom taken. 

Assistant may not be paid out of regular teacher’s salary and 

must hold certificate. 

Attendance officer, does not serve as in second class district 

unless appointed by county superintendent. 

Authority over pupils. 

Authority to determine to what grade or course a pupil belongs. . 

Carnegie fund allowances. 

Certificates and diplomas—county superintendent to keep record 

of . 440 

higher institutions, certificates and diplomas, normal schools, 

state college ... 

university . 

limited certificates—first grade elementary. 

second grade elementary. 

moral character and personal fitness, evidence. 

must be valid for full period. 

registration of . 

shall hold valid. 

Id . 

special . 

standard certificates—five year advanced. 

five year elementary. 

life elementary . 

two year advanced. 

two year elementary. 

state superintendent to issue. 6 

temporary . 

Chaperone, may not be sent at expense of district. 

Clerk, may not serve as. 

Complaint by patrons to directors. 

Contagious diseases bar from school. 

Contracts—approval by county superintendent relates only to 

form . 

approval withheld unless health certificate has been furnished. 

A 


cannot be made until after first Monday in June in class 

counties and counties of the first class. 

cannot exempt district from liability for salary for holidays. 

cannot require school to be taught on Saturday. 

clause relating to time when school is closed, effect. 

consolidation of district does not render contract void. 


county superintendent may not x'efuse approval for improper 

conduct . 

county superintendent to keep record of. 440 

directors may not annul because employment was ill-advised 


district not liable when no contract is made, 


district released upon expiration of teacher’s certificate. 

employment by written order of board necessary. 

holder of renewable certificate may contract for full term 

of school . 

in class A and first class counties, cannot be made before 

first Monday in June.. 

majority of directors must sign in union high school district, 
may not contain provision for termination by either party 

without cause or notice. 

may provide for salary in twelve monthly installments.. 


may recover from district for breach when. 

may superintend and teach in union high school and com¬ 
ponent district, when. 

must appeal before bringing suit.. 

appeal not necessary when county superintendent has 
disqualified himself . 


prescribed form should be followed, 


637 

. . . 

277 

320 


123 

582 

*15 

241 

427 

. . . 

169 

286 

■ • • 

109 

288 


110 

411 


162 

582 

67 

244 

356 

6 

137 

351 


133 

319 

’ * i 

123 

53 


43 

(10) 


174 

297 


113 

297 


113 

297 


113 

297 


113 

297 


113 

295 


112 

297 


113 

294 


112 

289 


110 

310 


119 

297 


113 

297 


113 

297 


113 

297 


113 

297 


113 

297 


113 

(12) 


29 

297 


113 

582 

‘47 

243 

587 

10 

257 

410 

10 

161 

419 


165 

f ... 

31 

242 

\ 582 

32 

244 

l... 

66 

244 

( 419 

12 

166 

( 582 

72 

244 

534 

2 

226 

321 

7 

123 

321 

6 

123 

321 

13 

123 

582 

( 33) 

242 


1 34 | 


440 

12 

177 

(10) 


174 

5 82 

4 

241 

514 

14 

215 

582 

(35) 

243 


)49( 


582 

10 

241 

310 


119 

582 

53 

244 

730 

3 

317 

582 

30 

242 

582 

45 

243 

( 582 

51 

243 

1 • •• 

65 

244 

310 

3 

119 

310 

8 

119 

410 

4 

161 

582 

14 

241 

2 (1) 

... 

240 

582 

(66) 

244 


1 73 } 


582 

27 

242 

582 

(54) 

244 


1 64 j 


440 

13 

177 

582 

56 

244 




































































Index 


TEACHERS—Continued. 
Contracts—• 


Cottages—approval of plans by supervisors not required. 


may be erected . 637 

may be erected only by districts undertaking community 

functions . 

provision may be made for regular teachers. 

vote of district necessary to authorize erection. 637 

County apportionment, portion based on number of. 778 

County superintendent—husband may serve as district super¬ 
intendent in same county. 429 

information requested by, to be furnished promptly. 319 

may not serve as. 


479 

Sec. 

Note 

Page 

.... 582 

20 

242 

, . . . 474 

7 

194 



117 

. . . . 582 

13 

241 

,... 849 

... 

378 

.... 639 

1 

278 

id.. 639 

4 

278 


638 

637 


Declarants may be granted permits. 

Directors to enforce rules governing. 582 

Directory of . 6 i 

Discharge—county superintendent empowered to review on appeal, 
county superintendent without authority except on appeal. . 

for cause . 582 

may be refused by court when county superintendent is 


not entitled to formal hearing.. 

right of action for damages. 

Dismissal—county superintendent has no authority except on 


right of action for damages. 

Duties during noon hour may be prescribed by by-laws. 

Duties listed by state board.appendix A 

Elementary professional training, where offered. 

Employed by directors. 582 

Id . 

Employment—clerk to report to county superintendent. 587 

component district cannot make contract binding upon con- 


duty of directors to employ for period in excess of minimum 

term .. 

extra compensation for married men does not constitute dis¬ 
crimination, when .. 


not permissible when debt limit of district would be ex¬ 


outgoing directors may not employ for the following year. 


term of, determined by directors, when. 


Extent 


1 

9 

13 


277 

278 
277 
277 
344 

170 

123 


Fire drills . 

First class districts, elected by board. 661 

elected by roll call. 649 

Flag display and exercises required, penalty for failure. 629 

Handbook to contain fire drill law. 

High school professional work, where offered. 

Holidays—credit not allowed for Christmas vacation except for 
"Christmas and New Year’s day. 


Incorrigibility to report. 

Institute attendance required. 

city institute attendance required, 


429 

4 

170 

(1) 


174 

319 


123 

286 


109 

(2) 


240 

ID 


29 

411 

’ ‘9 

162 

411 

13 

162 

(1) 


240 

411 

2 

162 

414 

1 

163 

411 

4 

162 

582 

69 

244 

582 

18 

242 

582 

57 

244 

582 

16 

242 

583 

6 

252 



383 

’ 49 


42 

(1) 


240 

310 


119 

(7) 


255 

310 

13 

119 

CO 

03 

L.O 

2 

223 

311 

1 

120 

310 

12 

119 

310 

18 

120 


f 2) 


732 

14, 5 

318 

582 

22 

242 

310 

11 

119 

310 

4 

119 

310 

1 

119 

310 

1 

119 

310 

5 

119 

311 

... 

120 

296 

... 

112 

421 


167 

584 

‘23 

254 

296 

... 

112 

447 

2 

182 

313 

2, 4 

121 

362 


139 

316 


122 

318 


122 

29 


39 

661 


285 

649 


282 

629 


272 

31 


39 

48 


42 

582 

70 

244 

321 


123 

425 


168 

358 


138 

447 


182 

444 


181 



















































































480 


Index 


TEACHERS—Continued. 


Sec. Note Page 


Institute—county superintendent to hold. 440 (16) 

failure to attend, penalty. 448 

may receive extra compensation for insti’uction. 449 

normal extension work may be substituted. 164 

pay not diminished for. 448 

time of holding...,.. 444 

Is employee and not public officer... 293 

Janitor, may act as. 582 

teacher not required to carry water in absence of contract 

provision . 582 

Kindergarten attendance, to report. 635 

Kindergarten teacher must hold certificates. 6156 

Leave of absence, board may grant. 582 

Married women, law of state does not prevent employment. 5 82 

Meetings, county superintendent to hold. 440 (16) 

Morality and patriotism, must teach. 315 

Must be paid from district fund. 289 

Night schools, additional compensation covered by contract. 582 

Noon hour, directors may prescribe duties during. 582 

Not a public officer. 582 

Oaths, county superintendent to administer without charge.... 440 (9) 

Parental schools, employment. 672 

Parents, complaints against, for injury to school property. 352 

Playground activities, duty to supervise. 582 

Principals, one teacher designated in first class district. 741 

Professional training, where offered. 49 

Pulmonary tuberculosis, bar to employment. 419 

Punishment of pupils, malti*eatment, penalty. 314 

Pupils, authority over. 351 

may suspend, when. 313 

time of dismissal. 246 

Qualifications—assistant teacher cannot be employed unless 

qualified . 310 

cannot be temporarily attacked in action against district for 

breach of contract, when. 289 

certificates or diplomas required. 289 

holder of renewable certificate may contract for full term. 310 

sufficiency of proof. 310 

Register for, clerk to supply. 587 

penalty for failure to keep. 317 

Reports, county superintendent to require. 441 

at close of school, required. 312 

final report required before issuance of last warrant. S51 

Resignation—certificate may be revoked for resignation without 

consent . 582 

no provision for. 582 

not authorized for acceptance of another position. 307 

request not equivalent to a removal, when. 5 82 

Right of action against district when employed as superintendent. . 591 

Rights and privileges in general. 307 

Rules for government of, prescribed by state board. 17 (7) 

Salaries—allowance when no school is held. 321 

alteration . 582 ( 1 ) 

bonus . 582 

bonuses, election void, when. 665 

cannot be paid in part by district not holding school. 310 

compensation when school is closed—contract provision for¬ 
feiting compensation may be rescinded. 582 

compensation when school is closed depends on contract. 5 82 

not forfeited because of quarantine, when. 582 

county superintendent to keep record of. 440 ( 10 ) 

credit for time when school is closed by epidemic. 419 

deduction to be made when school is closed if contract so 

provides . 582 

dismissal of school by directors, effect. 321 

districts cannot be exempted by contract from liability for 

holidays . 321 

districts not holding school cannot pay part of salary in an¬ 
other district. ~ . 514 

first class district budget—itemized, when. 823 

revision . 324 

holidays other than legal school holidays, how counted. .....! 321 

increase, new contract required. 582 

institute credit not allowed for extension work. 164 

itemized in clerk’s report. 587 ( 4 ) 

mandamus to compel issuance of warrants. 587 

may be paid from funds of both union high school and com¬ 
ponent district . 310 

may draw after husband has qualified as director, when. 582 


. . . 

174 

3 

183 

• • • 

183 

. . . 

73 

... 

182 

# . 

181 

1 

112 

82 

245 

93 

246 

. • 

276 

• • • 

276 

46 

243 

62 

244 

• • • 

174 

• • • 

121 

9 

110 

48 

243 

59 

244 

17 

242 


174 


293 


133 

*7i 

244 


322 


42 


165 


121 


133 


121 


95 

22 

120 

2 

110 

• • • 

110 

17 

120 

2 

119 


255 


122 


179 


120 


379 

f 58) 

244 

) 61 f 

55 

244 

13 

118 

8 

241 

5 

259 

2 

117 

... 

34 

2, 3 

123 

... 

240 

J 41 ) 

243 

l 42 f 

5 

291 

20 

120 

50 

243 

23 

242 

24 

242 

... 

174 

6 

165 

29 

242 

1 

123 

7 

123 

12 

215 

... 

370 

... 

371 

4 

123 

r 26 

•{ 42 

242 

l 4 

243 

73 

, . . 

255 

12 

257 

8 

119 

52 

244 
















































































index 


481 


TEACHERS—Continued. 
Salaries— 


Sec. Note Page 


no reduction to be made for Saturdays and holidays. 321 

payment upon formation of new district. 469 

preference in payment when contracted within debt limit. 780 

preference to be given on subsequent debts for building pur¬ 
poses in excess of limit. 582 

requirements and compensation when school is closed by 

epidemic . 582 

vacation period not to be included in computing. 582 

warrants, auditor to countersign and register. 448 

not to register, when. (849 

withheld, when . 316 

Saturdays, not required to teach on. .!!!!!!!!! 321 

School clerk must report census.j 358 

School day and school month.. 246 

Second class districts, when employed.. *730 

Sex, no discrimination in compensation on account of. 311 

State college—regents to fix salaries. 106 

State training school. 180 

employment and certification. !...! 204 

Substitutes—issuance of special certificates. 300 

must be paid by board and not by regular teacher. 582 

must hold certificate. 582 

teacher cannot pay for own substitute. 310 

Superintendent may teach in third class districts. 742 

Supervisors and superintendents, professional ti’aining, where. 48 

Supplies and groceries, district may not purchase for. 582 

Suspension of pupils. 313 

Tenure . 582 (1) 

Terms, county superintendent to keep record of. 440 (10) 

Third class districts, elected, when. 744 

Transportation of pupils, oral contract for. 582 

Tuition fees, university, exemption from. 79 

Union high school district, may contract also with component 

district . 582 

Union high schools, reports from. 496 

Unprofessional conduct, penalty. (307 

(308 

Ventilation and temperature of school room. 247 

Vivisection, shall not practice.. 25 

Vocational education—qualifications to be prescribed by state 

board . 268 

reimbursement for salaries from state and federal funds. 268 

state board to provide for certification. 268 

training to be provided for by state board. 268 

Warrants, district not liable for amount of discount. 5 82 

Warrants issued to disqualified teacher—penalty. 425 

Warrants not registered, when. 849 

Warrants withheld in third class districts until final report has 

been made. 851 

Wife of director cannot be employed. 584 

Workman’s compensation law, manual training teacher within 

provision, when . 594 

student not entitled to compensation. 594 


• • • 

123 

1 

191 

11 

347 

40 

243 

f 36 1 


J 37 


) 38 

' 243 

139 J 


28 

242 


182 


378 


379 


122 


123 


138 


95 


317 


120 


57 


70 


85 


114 

*60 

244 

( 60 

1 244 

168 

f 

19 

120 

• • • 

323 

• • • 

42 

121 

248 

... 

121 

... 

240 

... 

174 

... 

323 

141 

249 


50 

11 

241 


209 


117 


118 


96 


38 


104 


104 


104 


104 

*25 

242 


168 


378 


379 

*30 

254 

12 

261 

13 

261 


TEACHERS’ RETIREMENT FUND—First class districts—absent 

without leave, effect. 

administration of . 

annual estimates of receipts and disbursements. 

annuitant defined. 

re-employment ... 

annuities—amount of . 

assignment, pledging, etc., prohibited . 

deducted from payment on death of annuitant. 

form of claims. 

not subject to attachment or garnishment. 

payment by warrant. 

pro-rata payments . 

appeals to superior court. 

applications for membei'ship. 

asssessments . 

attorneys may employ, when. 

beneficiaries, forms of claims. 

payment on death of member. 

bonds, investment in and sale of. 

certificate of membership. 

claims, allowance or rejection. 

credits for contributions to state fund. 

credits for re-entries and transfers. 


695 

683 

693 
681 

695 

696 
699 

701 

702 
699 

703 
699 

704 

687 
690 

684 

702 
701 

694 

688 

703 
349 

695 


300 

296 

299 
295 

300 

300 

301 

302 
302 

301 

302 

301 

303 

297 
29S 

297 

302 
302 
300 

298 
302 
132 
300 




















































































482 


Index 


TEACHERS’ RETIREMENT FUND—Continued. 

First class district— 

credits for services and contributions. 

death of annuitants, payments. 

deduction from salaries. 

deficiency, levy for. 

director defined . 

director trustees . 

disability annuities . 

deducted from payment on death of member. 

deducted from refunds. 

payments in installments. 

dues—discharged members repaid dues. . .. 

total amount required. 

establishment of . 

excess moneys, investment of. 

ex-officio officers . 

treasurer—to be furnished copy of warrants. 
to certify balance at end of year. 


fiscal year . 

former service, application for. 

time limit . 

heirs—'form of claims. 

pa 3 unent on death of member. . 

legatee—form of claim. 

payment on death of member. 

length of service required. 

member defined . 

membership compulsory. 

dues . 

of new teachers. 

register . 


to present receipts.:. 

member trustees .. 

necessary expenses, sale of securities to meet. 

office expense, payment of. 

organization of board of officers. 

partial invalidity not to affect act as whole. 

payment by members on leave or not in district employ. . . . 

payment in case of death of member. 

payment, of annuities. 

previous contributions credited on return to service. 

pro-rata payments . 

prosecuting attorney ex-officio attorney for. 

receipts for dues. 

re-employment, effect . 

refunds, form of claims. 

retirement annuities . 

secretary not required to be member of board. 

secretary of district to certify assessments credits and de¬ 
ductions . 

secretary’s salary, payment, of. 

secretary to record membership certificates. 

service required in schools of this state. 

services, proof of. 

service, where defined. 

sick benefits . 

state fund applicable in absence of local funds. 

tax levy for deficiency..,. 

teacher defined . 

transfer from general to retirement fund. 


trustee defined 


how chosen . 

meetings . 

to serve without pay.. 

vacancies, how filled. 

verified claims against fund. 

warrants to be registered... 

State-wide—absence on leave, total credits. 

absence without leave, effect. 

annual estimates of receipts and disbursements. 

annuitant—death . 

defined . . . .. 

member of fund. 

re-employment . 

annuities—amount . 

assignment of annuities by execution prohibited. 

attachment of annuities prohibited. 

deducted from payments on death of annuitant. 

deductions for unpaid dues. 


Sec. 

Note 

Page 

. . 691 


299 

. . 701 


302 

. . 690 


298 

. . 706 


303 

. . 681 


295 

. . 683 


296 

. . 693 


299 

. . 701 


302 

. . 700 


302 

. . 698 


301 

. . 700 


302 

. . 696 


300 

. . 682 


296 

. . 694 


300 

. . 684 


297 

. . 703 


302 

. . 692 


299 

nd 690 


298 

. . 692 


299 

. . 689 


298 

. . 689 


298 

. . 702 


302 

. . 701 


302 

. . 702 


302 

. . 701 


302 

. . 696 


300 

. . 681 


295 

. . 689 


298 

. . 690 


29S 

. . 689 


298 

. . 688 


298 

. . 690 


298 

. . 691 


299 

. . 683 


296 

. . 694 


300 

. . 686 


297 

. . 684 


297 

. . 705 


303 

. . 690 


298 

. . 701 


302 

. . 698 


301 

. . 695 


300 

. . 699 


301 

. . 684 


297 

. . 690 


298 



300 

. . 702 


302 



300 

. . 684 


297 



299 

. . 686 


297 

. . 688 


298 

. . 696 


300 



297 

. . 688 


298 



301 

. . 350 


133 



303 



295 

690 


298 

348, 349 


132 



295 

702, 703 


302 

. . 683 


296 



297 



297 

. . 683 


296 



302 



302 

. . 333 


128 



129 

. . 335 


1 29 



131 



125 

322 


125 



129 



129 

. . 341 


130 

. . 341 


130 

. . 343 


131 

. . 338 

2 

129 





















































































Index 


TEACHERS’ RETIREMENT FUND—Continued. 

State Wide— 
annuities—- 

deductions from salaries—may be made retroactive. 

first payment may be credited in payment of dues. 

form of claims. 

may not be sold, assigned or pledged. 

not subject to garnishment, attachment or execution. 

payment by warrant. 

payment commences, when. 

payment in installment. 

private schools, teaching in does not terminate annuities. . 

pro-rata payments . 

terminate upon re-entrance of services in public schools.. 

appeals . 

application for membership. 

eligibility—time limit. 

local fund members excepted. 

assessment . 

assistants eligible . 

attorney general to be legal advisor. 

attorney’s employment . 

beneficiaries—form of claims. 

payment on death of member. 

board of trustees—meetings. 

members . 

rules to make. 

vacancies . 

bonds, investment in. 

sale of ... 

bonds, officers liable on. 

bureau of inspection to prescribe records and forms. 

certificate of membership. 

annuities not to be credited until one year from issuance. . 

duplicate to be transmitted to secretary or clerk. 

issuance to members transferred from local fund. 

claims, allowance . 

hearings . 

payment of, resolution of board required. 

clerical assistants, salaries. 

clerk of school district—to draw warrant in favor of fund. . . . 

to file names of teachers with secretary of fund. 

• to record membership certificates. 

county superintendent eligible. 

may not cumulate services. 

county treasurer to transfer dues to state treasurer. 

credit for services and contributions—American expedition¬ 
ary forces credit for services in schools of. 

government Indian schools, credit for teaching. 

services outside of the state, credit for. 

credits for services and contributions. 

deductions from salaries. 

may be made retroactive to beginning of employment. . . . 

disability annuities . 

deducted from payments on death of member. 

deducted from refunds. 

form of claims. 

payment in installments. 

discharged members repaid dues. 

dues . 

first annuities credited to payment, when. 

receipts for . 

refunds . 

total amount required. 

eligibility . 

employment begins when actual teaching service commences. . 

establishment of . 

excess moneys, investment of. 

expenses to be paid out of fund. 

first class districts, applicability of state act. 

fiscal year . 

former service, application for credit. 

time limit .. 

form for designation of beneficiaries. 

heirs—form of claim. 

paid on death of member. 

incapacity . 

instructors eligible . 

insurance commissioner to be trustee. 

leave of absence, method of obtaining credit. 

legatee, amount to be paid on death of member. 

form of claim... 

local funds—transfer of membership. 


483 


Sec. Note Page 

325 

1 

125 

338 


129 

344 


131 

341 


130 

341 


130 

345 


131 

328 


126 

340 


130 

338 

' 3 

129 

341 


130 

338 

' 4 

129 

346 


132 

329 


126 

330 


126 

329 


126 

332 


127 

322 


125 

326 


125 

326 


125 

344 


131 

343 


131 

327 


126 

342 


131 

325 


125 

324 


125 

336 


129 

336 


129 

326 


125 

328 


126 

330 


126 

338 


129 

330 


126 

348 


132 

345 


131 

344 


131 

345 


131 

328 


126 

332 


127 

331 


127 

330 


126 

322 


125 

338 

* i 

129 

332 


127 

329 

2 

126 

329 

3 

126 

329 

1 

126 

333 


128 

332 


127 

331 

’ '2 

127 

339 


130 

343 


131 

342 


131 

344 


131 

340 


130 

342 


131 

332 


127 

338 


129 

332 


127 

342 


131 

338 


129 

j 322 


125 

l 329 


126 

331 

’ i 

127 

323 


125 

336 


129 

328 


126 

350 


133 

334 


129 

331 


127 

331 


127 

343 


131 

344 


131 

343 


131 

339 


130 

322 


125 

324 


125 

333 

' i 

128 

343 


131 

344 


131 

348 


132 



















































































484 


Index 


TEACHERS’ RETIREMENT FUND—Continued. 


Sec. 


State Wide— 

member defined .. 

transfer to local funds. 

membership, compulsory . 

dues . 

exceptions . 

first annuities credited to payment, when. 

of new teachers. 

register—entries . 

members on leave or not employed by district—receipts. 

office—expenses . 

supplies . 

officers—-expenses . 

to serve without pay. 

partial invalidity not to affect act as a whole. 

president of trustees.. 

to sign warrants. 

previous contribution credited on return to service. 

principals eligible . 

pro-rata payments . 

re-employment, effect . 

refunds—form of claims. 

salaries to be paid out of fund. 

school year, not more than one year’s credit to be given. 

secretary—applications filed with. 

appointment . 

assessments certified to. 

credits for deduction, to allow. 

duties on appeal. 

expense claims to be filed with. 

may or may not be trustee. 

salary . 

to certify service and payments of members. 

to register warrants. 

service, in other states credited on re-employment. 

proof of . 

required in schools of this state. 

year defined . 

sick benefits . 

state auditor to be auditor. 

to be furnished copy of register of warrants. 

state board of education—to appoint trustees. 

to fill vacancies on board of trustees. 

state capitol, office to be located in. 

state superintendent eligible. 

state to administer.>. 

state treasurer—disbursements . 

payments by members on leave or not in district employ. . 

purchase of bonds... 

reports .I. 

to be custodian. 

to be furnished copy of register of warrants. 

to certify balance at end of year. 

to credit dues received.. 

to sell bonds on order of trustees. 

transfer of local fund to state fund. 

transfers from state fund to local fund. 

superintendent of public instruction eligible. 

to be trustee. 


322 

349 

331 

332 

330 
338 

331 
330 

333 
328 
328 
326 
326 

347 
326 

332 
337 
322 
341 
337 
344 

328 
330 

329 
326 

333 

333 
346 
326 
326 
326 

344 

345 

337 

329 

338 

330 

339 
326 
345 
324 
324 
328 

322 

323 
332 
332 
336 

334 

323 
345 
334 
3 32 
336 

348 

349 
322 

324 


supervisors eligible . 322 

teacher absent on leave for professional preparation retains 

membership . 322 

teacher defined . 322 

failure or refusal of employment, or discharge, effect. 342 

to be notified in writing of provisions of act. 331 

trustees—defined . 322 

estimate of receipts and disbursements. 335 

hearing of claims. 344, 345 

investment and bonds. 336 

meetings . 327 

proof of service, may require.'. . . . 329 

sale of bonds, order for. 336 

special meetings. 344 

verified claims against funds. 344 

voluntary members, salary deductions commence when. 332 

warrants, issuance . 332 

for general fund of district, payment of dues. 332 

to be registered. 345 

year of service defined. 330 


Note 


2 


TECHNICAL SCHOOLS—Included in public school system. 1 

Id .'.r. . art. 9 2 


Page 

125 
132 
127 
127 

126 
129 

127 
126 

128 
126 
126 
125 
125 
132 
125 

127 

129 

125 

130 
129 

131 

126 
126 
126 
125 

128 
128 

132 
125 
125 

125 
131 
131 

129 

126 
12 ? 
126 

130 
125 

131 
125 

125 

126 
125 
125 
127 
127 
129 
129 
125 

131 
129 
127 
129 

132 
132 
125 
125 
125 

125 

125 

131 

127 

125 
129 
131 
129 

126 
126 
129 
131 
131 
127 
127 
127 
131 
126 

28 

23 




















































































Index 


485 


Sec. 


TEMPERANCE AND GOOD CITIZENSHIP DAY—Designation. 397 

State superintendent to publish program.. 39 g 

TENURE . gg2 (j) 


Note Page 

... 155 

... 155 

... 240 


Injury to, penalty. 

May be furnished free to grade school pupils without being fur 


Publishers to deposit conies with state superintendent. 


free in 


THIRD CLASS DISTRICTS—(see DISTRICTS) . 

TOBACCO—Misrepresentation of age for purpose of purchase, penali 

Possession by minor, penalty. 

Sale to minors, penalty. 

TRADES—To be taught in state training school. 

TRADES AND INDUSTRIES—(see also VOCATIONAL EDUCA 
TION)—State board to prescribe courses. 

TRANSFER OF TERRITORY—(see also DISTRICTS)—Extension 

of city limits. 

Petition . 

TRANSPORTATION OF PUPILS—Adult son of director may be 

employed under contract. 

Agreements for conveyance of high school pupils. 


. to be credited against non-high school district fund... 

Board and lodging cannot be furnished in lieu of. 

Compensation under contract for period when school is unavoid¬ 
ably closed . 

Consolidated district, provision for. 


Contract may be made for more than one year. 

Depopulated district, county superintendent cannot expend funds 

for . 

Director cannot be paid to transport his own children. 


between districts—contract for division of cost. 5 

Discrimination— 

transportation of grade pupils not compulsory when high 
school pupils are transported to another district.... 

two mile zone, method of measuring distance. 

High school post graduate students, not to be charged against 
high school district fund. 




162 



215 

. .. 487 


203 


• • • 

187 



193 

r 

131 

248 



156 



160 



168 



158 



158 



157 



160 



157 



157 



157 

582 (7) 


240 


127 

248 


25 

287 

582 (7) 

... 

240 


29 

288 

. . 661 

30 

288 

61 (10) 


285 

>61 (10) 


285 

. . 824 


371 



133 

. .. 582 

125 

248 

. .. 582 

( 122 ) 

248 


U26 J 


. . 427 


169 

. . 406 


159 

. . 407 


160 

582 (7) 


240 

582, 119 


248 

461 (2) 


186 

. . 406 


159 

. . 409 


160 

461 (2) 


186 

. . 147 


67 



71 

. . 150 


68 

. . 733 


319 

v. 374 


142 

. . 374 


142 

. . 374 


142 

. . 187 


80 

. . 268 


104 

. . 477 


197 

. . 474 


193 

. . 584 

20 

254 

. . 259 


100 

. . 254 

3 

98 

. . 582 

157 

250 


(144 

249 

. . 582 

) 160 

250 

. . 582 

(152) 

250 


1 166( 


. . 780 

15 

347 

.. 514 

11 

215 

. . 582 

158 

250 

82 (11) 


240 

82 (11) 


240 

. . 582 

179 

251 

.. 582 

178 

251 

. . 254 

3 

98 












































































486 


Index 


TRANSPORTATION OF PUPILS—Continued. 


Non-resident 


one-half fare on street cars, 
Parents, allowance for. 


Post graduate high school pupils, district may provide or refuse. 

Private schools, directors not required to furnish. 

Routes . 


Truck—storage over night. 

Trucks, bonds may not be issued to purchase 
Trucks, minors under fifteen may not operate. 


State normal school principals. 

TRUANCY, Attendance officers may arrest. 

without warrant . 

Ground for commitment to parental schools. 

Report of. 

Rules to prevent. 

TRUSTEES, Administrative officers of public school system. 

TUBERCULOSIS, PULMONARY, Persons afflicted with.. 

Bar to employment. 

TUITION—Charge to be made against individuals and not against 
districts .. 

depopulated district may not pay for instruction in adjoining 

district . 

High school pupils, directors may pay tuition for attendance in 

other states . 

In high schools, must be free when.. 

May be charged when. 

Reimbursement from high school fund not construed as. 

Right to charge not affected by granting of eighth grade certifica 

State normal schools—extension fees. 

State school for blind and deaf, to be free. 

University of Washington—legislature has power to charge..... 

temporary residence does not exempt. 

TUITION FEES, University of Washington—exemptions. 

funds, how credited. 

promissory notes for.. 

refunds . 

resident and non-resident. 

TWENTY-TEN, County school tax. 

State school tax. 

UNION HIGH SCHOOL, Any two or more contiguous or adjacent dis¬ 
tricts of second and third classes may form. 

Appeals from action of county superintendent. 

Apportionment, how made. 

credit when school is not taught.. 

Bonds not to prevent formation. 

Clerk, election of.. 

shall give notice to county superintendent of organization.. 

Course of study. 

Defined . 

Directors, board constituted how. 

not reorganized by enlargement of district. 

powers cannot be delegated to finance committee. 

tie vote, state or county superintendent cannot decide. 

Dissolution— 

districts should be dissolved before vote is taken on consoli¬ 
dation . 

rights of bond holders not affected by withdrawal of district 

Elections for formation, date in certain counties. 

in port districts containing a first class school district must 

be held on first Saturday in December. 

procedure when no adjustment has been made. 


Sec. 

Note 

Page 

. 259 


100 

. 582 

173 

251 

. 582 

165 

250 

. 582 

167 

251 

. 631 


275 

. 632 


275 

. 631 


275 

2 (11) 


240 

. 259 


100 

. 259 


100 

1 

2 

28 

. 582 

159 

250 

d 582 

175 

251 

. 582 

177 

251 

. 582 

172 

251 

. f 582 

149 

249 

l ••• 

170 

251 

. 582 

154 

250 

. 582 

176 

251 

. 582 

163 

250 

J 582 

168 

251 


180 

• • . 

. 497 


209 

6 (8) 


29 

. 460 


186 

. 438 


174 

. 153 


69 

. 356 


137 

. 357 


137 

. 674 


293 

. 358 


138 

17 (7) 


34 

2 


28 

. 419 


165 

. 419 


165 

. ( 630 

12 

274 

l ... 

15 


. 630 

3 

273 

. 630 


273 

. 769 


341 

. 630 


273 

. ( 260 


102 

1 630 


273 

:e 365 


139 

. 160 


71 

. 210 


86 

. 113 

i 

58 

. 113 

2 

58 

79 


50 

76, 77 


50 

80 


50 

78 


50 

75 


49 

. 776 


344 

. 760 


335 

. 463 


187 

. 499 


210 

. 498 


210 

. 498 

3 

210 

. 463 

• 

187 

. 493 


208 

. 494 


208 

. 496 


209 

. 490 


206 

. 493 


208 

. 495 


208 

. 493 

2 

208 

493 

1 

208 

. 500 

9 

211 

. 500 

10 

211 

. 492 

1 

207 

. 543 

2 

229 

. 500 

7 

211 













































































Index 


487 


UNION HIGH SCHOOL—Continued. 


High schools, only one may be maintained. 

Junior high schools, no provision for.. 

Organization of district.. 


Pupils—refusal of admission forfeits bonus. 

Superintendent, may contract with union district and component 

district . 

Supplies, purchase. 

Tax levies. 


Withdrawals from, how. 

UNITED STATES, Department of agriculture- 


History and government- 
high schools—comp 


-state board to prescribe course for 


UNIVERSITY OF WASHINGTON, Accidents, not liable for. 

Accreditation cannot be granted to. 

Actions, attorney general to institute. 

Admission, age of.. 

high school extension certificate to admit. 

requirements for . 

Adults—admitted without graduation wiien. 

Aim and purpose. 

Alaska students, tuition fees. 

Apparatus, purchase of. 

Architects, employment by regents. 


Biological preserve. 

Building fund, created. 

rentals of old site payable to. 

tuition fees, part credited. 

Buildings, erection of. 

funds for, how drawn and disbursed. 

maintenance, repairs, etc., funds for. 

Carnegie fund, application for, authorized. 

Catalog, annual. 

Certificates and diplomas— 

power of state superintendent to revoke. 

short courses cannot be given to certificate normal grad¬ 
uates for high school work. 

state superintendent cannot grant, for elementary schools. . 

Co-educational . 

Correspondence courses—tuition fees. 

Course of study—prescribed by regents and faculty. 

Current fund created. 

Curriculum . 

Degrees and diplomas granted by regents. 

Demonstration funds. 

Department of education—courses approved by state board. 

high school teachers to be trained. 


Elementary science—department continued. 

Elementary teachers, where trained. 

Employees—employed by regents. 

Entrance—requirements prescribed. 

scholastic requirements for. 

approved by state board.. , 

Expenditures—permanent fund income for apparatus, library and 

other facilities.• • • • •••••• 

Extension courses—high school graduation not required for ad 


Sec. Note Page 

495 


208 

. 495 

3 

209 

. 491 

. » • 

206 

. 496 


209 

. 496 

7 

209 

. 496 

5 

209 

. 494 

. , . 

208 

r... 

3 


. 4 491 

13 

206 

l... 

14 

207 

. 498 

2 

210 


1 

210 

. 497 

• • • 

209 



209 

. 497 


209 

. 491 

5 

206 

. 494 

1 

208 

. 497 


209 

. 500 


210 

. 140 


64 

. 369 


141 

. 262 


103 

. 247 


96 

. 120 

. . . 

59 

86 

2 

52 

. 297 

2 

113 

59 


45 

86 


52 

. 265 

. . . 

104 

87 


52 

87 

• • 

52 

86 


52 

75 


49 

63 


47 

62 

... 

47 

60 (5) 

... 

45 

60 (4) 

... 

45 

60 (6) 

... 

45 

92 


53 

72 


48 

73 


48 

76 

, , . 

50 

61 


46 

84 

. . • 

51 

37 


40 

53 


43 

60 (2) 


45 

. . . 132 

1 

63 

48 

4 

42 

. . 132 

2 

63 

86 


52 

75 


49 

60 (2) 

. . • 

45 

71 


48 

86 

... 

52 

60 (3) 


45 

85 

... 

51 

17 (2) 

, . . 

34 

48 


42 

48 

, . , 

42 

60 (3) 

... 

45 

54 

. . 

44 

. . 302 

... 

116 

60 (3) 

... 

45 

60 (3) 

. . . 

45 

60 (3) 

... 

45 

47 


42 

49 

. . 

42 

60 (1) 

... 

45 

50 


42 

86 

, . . 

52 

17 (1) 


34 

63 

. . . 

47 

87 


52 

75 

. , , 

49 














































































488 


Index 


UNIVERSITY OF WASHINGTON—Continued. Sec. Note Page 

Extension department— 

head to be member of commission for community plans. 639 ... 278 

Faculty, authority of. 58 ... 45 

course of study. 60 (2) ... 45 

employed by regents. 60 (1) ... 45 

entrance requirements specified by. 86 ... 52 

exemption from fees. 79 ... 50 

high schools, to approve. 86 ... 52 

members may be paid for institute services. 451 3 184 

recommendation for diplomas and degrees. 60 (3) ... 45 

Fees—amount . 75 ... 49 

credited to building fund. 76 ... 50 

diploma fee may be imposed. 75 3 49 

enumerated . 75 ... 49 

refund . 78 ... 50 

student fees, voluntary, not affected. 81 ... 50 

tuition, amount. 75 ... 49 

credit, extension of. 80 ... 50 

disposition of. 76 ... 50 

exemptions . 79 ... 50 

refunds . 78 ... 50 

Fire drills not required. 32 ... 39 

Forest experiment station established—land exchange for. 85 ... 51 

Funds—current fund created. 71 ... 48 

merged into permanent fund. 70 ... 4 8 

permanent fund—created. 70 ... 48 

how invested . 753 . . . 332 

income . 71 ... 48 

use for facilities of instruction. 63 ... 47 

Graduate work—when authorized. 42 ... 41 

High school teachers, training of. 48 ... 42 

Included in public school system. 1 ... 28 

Intoxicating liquors, sale of, prohibited. 64 ... 47 

penalty for violation. 65 ... 47 

Joint ma.ior lines with state college. 48 ... 42 

Land exchange for forestry station. 85 ... 51 

Lands—bonding authorized. 83 ... 51 

exchange for forestry experiment station. 85 ... 51 

rentals paid into current fund. 71 ... 48 

sale moneys paid into permanent fund. 70 ... 48 

sale or lease of old site restricted. 74 ... 49 

Legal adviser—attorney general to be. 59 ... 45 

Library, funds for. 63 ... 47 

Life diplomas—requirements . 60 (3) ... 45 

Location of . 54 ... 44 

Major lines—definition . 41 ... 41 

exclusive—enumerated . 43 ... 41 

graduate work . 42 ... 41 

joint—enumerated . 48 ... 42 

Marine biological preserve—director to have custody. 93 ... 53 

established . 92 ... 53 

penalty for trespass. 94 ... 53 

Marine station—tutition fees . 75 ... 49 

Metropolitan building company, rentals. 73 ... 48 

lease, modification restricted. 74 ... 49 

Military equipment, regents may give bonds. 60 (5) ... 45 

Military science—-participants to be excused from physical educa¬ 
tion . 21 ... 37 

Museum, created—materials collected for. 88,89 ... 53 

private person may contribute. 90 ... 53 

regents to have charge. 91 ... 53 

Non-residents—admission . 86 ... 52 

Non-residents, tuition fees. 75 ... 4 q 

Non-sectarian . 66 . 1 ! 47 

Normal diplomas—requirements . 60 (3) .!! 45 

Old site—conveyances and leases restricted. 74 ... 40 

rentals paid into building fund. 73 ... 43 

Part of public school system. 1 . .. 28 

Permanent fund created. 70 .!! 4 8 

how invested . 753 ’ ’ | 332 

use for facilities of instruction. 63 ... 47 

Physical education—courses compulsory. 21 . .! 37 

grounds for excuse. 21 !.. 37 

state board to prescribe courses. 21 37 

President of university—annual report to state superintendent.. 6 ( 10 ) . .. 30 

appointment and term of office. 60 (1 ) ... 45 

member of board of higher curricula. 33 ... 40 

member of faculty. 58 " . ’ * 45 

member of state board of education. 12 33 

powers . 58 45 

Property—regents to control. 60 ( 1 ) 45 




















































































Index 


489 


UNIVERSITY OF WASHINGTON—Continued. 


Sec. Note Page 


Regents, board of—administrative officers. 2 

appointment and term of office.* ’ 55 

by-laws, may adopt.60 

expenses, auditing and payment.. 60 ( 7 ) 

fees, may charge. 75 

leases of old site, power restricted. 74 

librarian—appointment . ’ 57 

meetings—special, how called. 56 

traveling expenses paid. 60 ( 7 ) 

members . 55 

museum, custody of .91 

non-residents, to prescribe terms. *..!!..!!! 86 

organization—officers . 56, 57 

powers and duties, enumerated. 60 

president—to issue expense vouchers. 60 ( 7 ) 

qualification . 55 

quorum . 55 

report to governor biennially. 6*0 ( 6 ) 

rules, may prescribe. 58 

sale of old site restricted. 74 

secretary—to issue expense vouchers.. 60 ( 7 ) 

traveling expenses paid. 60 ( 7 ) 

treasurer . 57 

vacancy, how filled . 55 

Religious or sectarian control prohibited. 66 

Reports to state superintendent. 6 (10) 

Revolving fund—tuition and other fees credited. 77 

Short courses—high school graduation not required for admission . . 87 

tuition fees . 75 

State tax for higher institutions, to share in. 35 

Student fees . 75 

Students—age of admission. 86 

not entitled to one-half fare on street cars. 86 

Summer schools—entrance requirements. 50 

high school graduation not required for admission. 87 

tuition fees . 75 

Superintendents, training of. 48 

Supervisors, training of. 48 

Teachers—exemption from fees. 79 

Teacher training—high school teachers. 48 

Trustees—<(see Regents, board of) this title. 2 

Tuition—(see also FEES, this title)—-act not unconstitutional... 75 

amount of fees. 75 

legislature has power to charge. 113 

residents and non-residents. . . .. 86 

temporary residence does not exempt. 113 

Unearned fees returned. 78 

University fund—appropriation from. 82 

created . 35 

merged into permanent fund. 70 

use for facilities of instruction......~.. 63 

uses of . 37 


Vocational education—teacher training classes under state board.. 268 


28 

44 

45 
45 
49 
49 
44 

44 

45 
44 
53 
52 

44 

45 

. . . 45 

44 

44 

45 
45 

49 
45 
45 
44 
44 

47 
29 

50 
52 
49 
40 
49 
52 

1 52 

42 
52 

49 
42 
42 

50 
42 
28 

1, 2 49 

49 

1 58 
52 

2 58 

50 

51 
40 

48 
47 
40 

... 104 


VACATION—Attendance may be counted for school days during 


Christmas week . 321 

Christmas holidays, allowance for teachers’ salaries. 321 

Directors may not dismiss school on November 11. 399 

Part-time schools . 281 

Teachers may be required to make up entire Christmas vacation 

period . 321 

VACCINATION—'Directors of districts of second and third class may 

not require as condition of school membership. 419 

May be required during epidemic. 661 

May not be required except to prevent contagion. 419 

May not be required in second and third class districts. 24 3 

Power of state board of health to require. 419 

Required in first class districts, when. 661 (13) 

VAGRANCY—Ground for commitment to state training school. 172 

Id . 191 

VALIDATION—Of indebtedness—(see INDEBTEDNESS). 789 

VALUATION—How determined for validation of indebtedness. 789 

for levy of taxes. 783 

Transfer of territories to equalize not forbidden. 474 

VANCOUVER—State school for blind and deaf located at. 208 

VENTILATION—Air space, no statutory requirement. 582 

County superintendent to approve plans for third class districts.. 442 

Cubic inches of air space per pupil not prescribed by law. 247 

Directors, duty of, regarding. 582 (4) 

Plans for, county superintendent to approve, when. 747 

Teacher to regulate. 247 


15 

123 

2 

123 

1 

156 


108 

8 

123 

7 

165 

*34) 

1 35 f 

288 

5 

165 

6 

94 

3 

165 


285 


76 

. . . 

81 

. . • 

353 


353 

... 

349 

21 

195 

. . . 

86 

100 

246 


180 

’2 

96 

... 

240 

... 

330 

• . • 

96 



















































































490 


Index 


VETERANS—State college tuition fees, exemption. 

Tuition fees—university, exemption. 

VICTORY AND ADMISSION DAY—Designation. 

Directors may not dismiss school.. 

Program of exercises. 

State and county superintendent to aid in observance. 

VIVISECTION—Dissection permitted, when. 

Exhibition prohibited, when. 

Penalty for violation. 

Restriction of . 

VOCATIONAL EDUCATION—Acceptance of federal act. 

Agricultural training . 

state custodial school to give. 

All-day schools or classes—establishment... . 

Community vocations, use of school plant for. 

Continuation schools—(see part-time schools, this title). 

Evening school classes—establishment. 

Federal aid—approval for. 

teachers’ salaries, reimbursement. 

Fund—state treasurer to be custodian. 

payment on order of state board. 

Manual training—state custodial school to give. 

Part-time schools or classes—certification of teachers, to pre¬ 
scribe for. 

compulsory attendance—ages . 

duties of parents. 

exceptions . 

high school graduates exempt. 

home occupation or study construed as employment 
minors employed during school year of 1919 exempted... 

minors, employment permits. 

penalty . 

regular attendance, officers to enforce. 

courses—state board to establish rules and regulations. 

courses to meet required standard. 

directors may establish, when. 

employers—penalty for failure to permit attendance. 

to permit attendance. 

employment permits—directors to keep record. 

employers to require and keep on file. 

state superintendent to furnish copy of records to de¬ 
partment of labor and industries. 

establishment . 

expenses of administration, to pay. 

formulation of plan for promotion. 

funds, administration of. 

investigations to make. 

officials and assistants, to fix and pay compensation. 

organization—state board to establish rules and regulations. . 

permit officers—county superintendent may act. 

reimbursement from federal funds—allowed for salaries 

of teachers . 

apportioned by state board. 

approval necessary . 

school hours . 

state board for vocational education—may execute voucher 

for transmission of interest on federal fund. 

to approve establishment. 

to establish rules and regulations. 

to prescribe forms. 

state board of education to be board for vocational educa¬ 
tion for purposes of act. 

superintendent of public instruction to be chief executive 

officer . 

to appoint assistants with approval of board. 

teachers, directors and supervisors, to prescribe qualifications. . 

teachers, provision for preparation. 

teacher training courses, to direct—may maintain courses.... 
time spent in school to be counted as time spent in employ¬ 
ment under child labor laws. 

vacation, attendance not required. 

Saturday, hours of school on. 

Smith-Hughes act—acceptance by state. 

State board for vocational education—legislation, to administer... 

payment of moneys on order of.. 

State custodial school—to give agricultural and manual training. . 

State school for girls—trades and occupations to be taught. 

State training school—trades and occupations to be taught. 

Tax levy . 

VOTER—(see also ELECTORS)—Disqualification. 

Registration not required for, except.. 


Sec. 

Note 

Page 

116 


59 

79 


50 

399 


156 

399 

' ’i 

156 

400 


156 

401 


156 

26 


38 

25 


38 

27 


38 

25 


38 

266 


104 

270 


105 

242 


93 

271 


105 

637 


277 

271 


105 

271 


106 

270 


105 

270 


105 

267 


104 

267 


104 

242 


93 

268 


104 

274 


106 

279 


108 

279 


108 

274 


106 

275 


107 

282 


109 

275 


107 

279 


108 

285 


109 

283 


109 

278 


107 

278 


107 

281 


108 

281 


108 

277 


107 

276 


107 

277 


107 

271 


105 

26S 


104 

268 


104 

268 


104 

268 


104 

268 


104 

283 


109 

273 


106 

284 


109 

284 


109 

284 


109 

278 


107 

267 

1 

104 

284 


109 

283 


109 

283 


109 

273 


106 

269 


105 

269 


105 

268 


104 

26S 


104 

268 


104 

280 


108 

281 


108 

278 


107 

266 


104 

268 


104 

267 


104 

242 


93 

204 


85 

193 


82 

272 


106 

516 


217 

525 


220 














































































Index 


491 


Sec. Note Page 


VOTING MACHINE COMMITTEE—State superintendent a member.. 9 ... 32 

VOTING MACHINES—Approved machines only to be used. 549 ... 230 

Authority to use, granted. 548 ... 230 

VOUCHERS—Approval of directors required for second and third 

class districts . 845 ... 377 

Institute expenses . 452 ... 184 

System of accounts . 841 .. . 375 

Third class districts, county auditor to file. 852 ... 379 


WAR DEPARTMENT—University, regents authorized to give bonds. 60 (5) 

WARRANTS—Advertisement . 856 (4) 

Cancelled, open to inspection. 856 (6) 

Clerk to sign, etc. 587 

Countersigned by auditor for third class districts. 848 

County auditor to issue for districts of second and third class.... 845 

County superintendent’s salary withheld when. 440 (11) 

County treasurer to make payment when legally issued. 856 (1) 

Disorganization of district not to affect validity.514 

Emergency, registration . 829 

Exchanged for bonds, when. 802 

Id . 7 95 

For maps, charts and apparatus, withheld when. 850 

Illegal warrants, county auditor may refuse to issue for second 

or third class districts . 847 

Indebtedness, how computed. 786 

Insurance fund in first class districts, investment in. 668 

Interest—commences when . 859 

compound, not to be paid. 859 

issuing officer to fix rate. 858 

maximum rate . 857 

Issued by county auditor in second and third class districts. 845 

Legal rate of interest on. 857 

how regulated . 859 

Monthly report of county treasurer to secretaries and clerks. 856 

Not negotiable, except. 848 

Order of payment . 859 

Payment may be enjoined when illegal. 584 

Proceedings to restrain payment from improper funds. 440 

Redeemed warrants to be checked. 854 

Registration of . 852 

Restraint of payment when directors have pecuniary interest.... 440 

Saturday teaching, county auditor may refuse for. 321 

Signing of in first class districts. 656 

Signing, secretary to countersign. 652 

State college, how drawn. 128 

State general fund, redemption with bond proceeds. 757 

Superior judge to issue subpoena for inspection of officers. 834 

Teacher’s registers, county auditor to draw warrants for. 440 (19) 

Teachers salary withheld in third class districts—not qualified.... 849 
when final report has not been made. 851 


45 

. 379 

. 380 

. 255 

. 378 

. 377 

. 174 

. 379 

. 215 

. 372 

. 364 

. 355 

. 379 

2 378 

. 351 

. 292 

. 382 

. 382 

. 382 

. 382 

. 377 

. 382 

. 382 

. 379 

2 378 

382 
253 

176 
379 
. .. 379 

2 176 

6 123 

. . . 283 

. .. 283 

61 

... 334 

. .. 373 

. .. 174 

. .. 378 

... 379 



WARRANTS OF COMMITMENT—State training school, commitment. . 176 


78 


WASHINGTON STATE MANUAI^-(see also STATE MANUAL)...6 (17) 


30 


WASHINGTON, STATE OF—History contained in state manual. ... 6 (17) 
Museum at university a depository for, materials to be deposited 88, 89 

WASHINGTON STATE TRAINING SCHOOL—(see STATE TRAIN¬ 
ING SCHOOL) . 170 

WEEK—School week to consist of five days. 246 


29 

53 

75 

95 


WIDER USE OF THE SCHOOL PLANT—(see also BUILDINGS) 

—Community uses authorized. 

School building, may be closed for summer. 

Use of school premises may be refused when they are not in 

condition for . 

WITNESSES—Revocation proceedings, payment not authorized- 

WOMEN—Eligibility to office of county superintendent. 

Equality of teachers’ wages. 

May hold offices._. 

One member of community commission must be woman. 

Qualified to vote at school elections. 

School franchise not denied on account of sex.art. 6 

State school for girls, superintendent and officers to be. 

WORKMEN’S COMPENSATION ACT—.District employing man to 

grade the school grounds subject to act. 

Employment of carpenter renders district subject to act. 

Pupils not entitled to compensation. 

Teacher entitled to benefits. 


637 


277 

582 

i 3 9 

249 

582 

140 

249 

307 

11 

118 

3 

1 

28 

311 


120 

3 


28 

639 


278 

525 


220 

2 


21 

196 


83 

596 

14 

262 

596 

15 

263 

594 

13 

261 

594 

| 3-2 ) 

261 


114 j 



YEAR—Fiscal year for districts defined. 

report to be made at end of year. 

School year defined.. 

for teaching experience and certification. 


837 ... 375 

842 ... 376 

245 ... 95 

246 ... 95 














































































\ 


' APR 20 19M 



















***-■*} 















LATEST REVISED EDUCATIONAL 
PUBLICATIONS 


High School Manual FOU S^ I E s ^ ION - ■ Price $.75 


Contains the latest revised course of study for the high 
schools of the State of Washington. 


Price $.75 


Bulletin No. 37 English Course 


Contains complete courses of study in composition, reading 
and literature for the elementary schools; complete courses 
of study in composition and literature for the high schools; 
special references to grammar and spelling in both elemen¬ 
tary and high schools, with suggestions for instruction in 
the use of books and libraries. Special bibliographies. 


State Manual of Washington *Sition H - Price $1.00 


Contains historical sketch of Washington, constitution of 
the state, excerpts from the school law and the course of 
study for elementary schools. Twenty per cent of questions 
in Theory and Art of Teaching taken from the State Man¬ 
ual. All teachers certificated through the state department 
of education are required to take an examination in State 
Manual. 


Code of Public Instruction ( s £Tws L ) “ " Price $1.25 


1923 revision of school laws, containing all laws relating 
to school interests and matters, up to date, together with 
latest rulings of the Supreme Court, the Attorney General 
and the Superintendent of Public Instruction. Full index 
and cross references. 


Published by 

FRANK M. LAMBORN 

OLYMPIA, WASH. 
































































